Charges against National Police Commissioner General Fannie Masemola are set to be withdrawn following a review by National Director of Public Prosecutions (NDPP) Advocate Andy Mothibi.
The charges stem from a case brought by the Independent Directorate Against Corruption (IDAC), which arrested Masemola for alleged violations of the Public Finance Management Act (PFMA).
In reviewing the 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.
The provisions empower the NDPP to intervene in prosecution processes where NPA policy directives have not been followed.
The NPA’s directives require, among other things, that there be reasonable prospects of a successful prosecution before a case is enrolled for trial.
Mothibi considered evidence gathered by IDAC during its investigation, as well as a report from the Case Assessment Panel and a report by an independent senior counsel who formed part of the assessment process.
Following the review, Mothibi concluded that there were no reasonable prospects of successfully prosecuting Masemola on the PFMA charges.
He subsequently instructed that the charges against the national commissioner be withdrawn.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.
“A prosecution that proceeds while evidence is insufficient to sustain a successful prosecution and omits material exculpatory considerations does not accord with the NPA mandat
NPA national spokesperson Kaizer Kganyago said the NDPP would report the matter to the IDAC judge and make the Case Assessment Panel’s report available to investigate the circumstances surrounding the prosecution team’s assessment of the evidence, the enrolment of the case and the application of the law.
The investigation will also determine whether any misconduct occurred.
Kganyago said the NPA had also received representations from lawyers representing Masemola, which were considered by Mothibi.
However, the representations did not have any further bearing on the matter because the decision to withdraw the charges had already been reached following the assessment and review process.
The prosecution team will make arrangements for Masemola to appear in court for the formal withdrawal of the case.
Kganyago said the assessment and review of all cases at IDAC would continue as part of the directorate’s Reset Programme.
