South Africa: Charges against Fannie Masemola dropped, his return depends on Ramaphosa

South African justice officials formally dropped four charges against suspended National Police Commissioner Fannie Masemola on Tuesday, September 22, related to a SAPS health contract. While the criminal proceedings against him have concluded, his return to the police leadership now hinges on a decision from President Cyril Ramaphosa.

The Pretoria High Court acknowledged the withdrawal of the charges following a decision made on September 15 by the National Director of Public Prosecutions. After reviewing the case, the National Prosecuting Authority determined that there were no reasonable prospects of securing a conviction. Masemola was not charged with fraud or corruption, but rather with four alleged violations of the Public Finance Management Act.

The charges pertained to his supervisory responsibilities in a police health services contract valued at approximately 360 million rand, awarded to Medicare24 Tshwane, a company linked to Vusimuzi “Cat” Matlala. Prosecutors accused him of failing to act adequately to prevent the awarding of the contract and to hold those responsible for the process accountable. Ultimately, the NPA concluded that the evidence gathered did not support these charges effectively.

Upon leaving the court, Fannie Masemola expressed his readiness to resume his duties and continue serving the country, while acknowledging that he must await his employer’s decision. Cyril Ramaphosa had placed him on provisional suspension following the initiation of the charges. The withdrawal of the charges does not automatically terminate this suspension; the lifting of the suspension now falls under the presidency’s jurisdiction.

The review of the case does not end with the withdrawal of the charges. The National Director of Public Prosecutions announced that he would refer the case to the judge overseeing the Directorate for Priority Crime Investigation to examine how the initial decision to prosecute Masemola was made, particularly regarding the assessment of evidence and the application of the law.

Proceedings against other defendants in the Medicare24 case are ongoing. The NPA clarified on Tuesday that the other accused, including several police officers and Vusimuzi Matlala, remain charged with separate counts related to fraud, corruption, and money laundering.