Masemola back at helm after charges withdrawn

National Police Commissioner General Fannie Masemola is set to return to the helm of the South African Police Service (SAPS) after the National Prosecuting Authority (NPA) instructed that charges against him be withdrawn.

The decision follows a review of charges relating to alleged violations of the Public Finance Management Act (PFMA), which were investigated by the Independent Directorate Against Corruption (IDAC) and resulted in Masemola's arrest.

National Director of Public Prosecutions (NDPP) Adv Andy Mothibi said he had reviewed the evidence gathered by IDAC, a report by the Case Assessment Panel and a report from an independent senior counsel who participated in the assessment process.

Mothibi concluded that there were no reasonable prospects of a successful prosecution against Masemola on the PFMA charges.

He invoked Section 179(5)(c) of the Constitution, read with Section 22(2)(b) of the National Prosecuting Authority Act, which allows the NDPP to intervene where NPA prosecution policy directives have not been complied with.

The NPA said its directives require reasonable prospects of success before a matter is enrolled for trial.

“Enrolling a case for prosecution where evidence is not sufficient to sustain a successful prosecution is not in the public interest,” Mothibi said.

“A prosecution that proceeds while evidence is insufficient to sustain a successful prosecution and omits material exculpatory considerations, does not accord with NPA mandate.”

The NDPP will report the matter to the IDAC judge and make the Case Assessment Panel report available to investigate the circumstances surrounding the prosecution team's assessment of the evidence, the enrolment of the matter and the application of the law, including whether any misconduct occurred.

The NPA said it had also received representations from Masemola's lawyers, but these did not affect the decision to withdraw the case, which had already been taken following the assessment and review process.

The prosecution team will arrange for Masemola to appear in court for the formal withdrawal of the case.