Charges against Police Commissioner Fannie Masemola withdrawn
· The South African
Charges against National Police Commissioner General Fannie Masemola have been ordered withdrawn after the National Director of Public Prosecutions (NDPP), Advocate Andy Mothibi, found there were no reasonable prospects of a successful prosecution.
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The charges stemmed from an investigation by the Independent Directorate Against Corruption (IDAC) into an alleged violation of the Public Finance Management Act (PFMA), which resulted in Masemola’s arrest.
NDPP reviews Fannie Masemola case
Mothibi invoked Section 179(5)(c) of the Constitution, read with Section 22(2)(b) of the National Prosecuting Authority Act 32 of 1998, to review the prosecution.
The provisions allow the NDPP to intervene in prosecution matters where NPA policy directives have not been complied with.
One of those directives requires prosecutors to establish that there are reasonable prospects of success before enrolling a matter for trial.
In reviewing the case, Mothibi considered evidence gathered during IDAC’s investigation, as well as a report from the Case Assessment Panel and a report from an independent senior counsel who participated in the assessment process.
Following the review, the NDPP concluded that the evidence did not provide reasonable prospects of a successful prosecution against Fannie Masemola on the PFMA charges.
He therefore instructed that the charges be withdrawn.
“Enrolling a case for prosecution where evidence is not sufficient to sustain a successful prosecution is not in the public interest,” Mothibi said.
He added that continuing with a prosecution where the evidence was insufficient, while omitting material exculpatory considerations, would not accord with the NPA’s mandate.
Investigation into prosecution process
The withdrawal does not end the matter entirely.
The NDPP will report the issue to the IDAC judge and make the Case Assessment Panel’s report available for an investigation into the circumstances surrounding the prosecution.
The investigation will examine the prosecution team’s assessment of the evidence, the decision to enrol the matter and the application of the law.
The aim will be to establish whether any misconduct occurred.
Fannie Masemola’s lawyers had also made representations to the NPA. These were considered by the NDPP, although Mothibi said the representations did not ultimately affect the decision because the withdrawal had already been reached through the assessment and review process.
Masemola to appear in court
The prosecution team will now make arrangements for Masemola to appear in court so that the charges can formally be withdrawn.
The NPA said the assessment and review of other cases at IDAC will continue as part of the IDAC Reset Programme.
The decision represents a significant development for Masemola, who will no longer face prosecution on the PFMA charges unless further legal developments arise.