The National Prosecuting Authority (NPA) has formally withdrawn all criminal charges laid against General Fannie Masemola in relation to the South African Police Service’s Medicare24 healthcare tender, prompting the South African Policing Union (Sapu) to call for his immediate reinstatement as national commissioner.
Prosecution review found no reasonable prospects
The withdrawal, effected at the Pretoria Magistrate’s Court, followed a review by National Director of Public Prosecutions Advocate Andy Mothibi. According to the NPA, Mothibi assessed evidence provided by the Independent Directorate Against Corruption (Idac), a Case Assessment Panel report and an opinion from an independent senior counsel before concluding there were no reasonable prospects of a successful prosecution.
"Enrolling a matter where there was insufficient evidence to sustain a successful prosecution was not in the public interest," the NPA said Mothibi concluded.
The charges related to alleged contraventions of the Public Finance Management Act (PFMA) in the award and management of the multimillion‑rand police healthcare contract, which was granted to businessman Vusimuzi "Cat" Matlala. The NPA did not provide further detail in the statement about the specific evidence gaps that led to the withdrawal.
Union demands reinstatement; reputational damage cited
Sapu welcomed the NPA decision but said legal clearance must be followed by executive action. The union urged President Cyril Ramaphosa to immediately lift Masemola’s suspension and reinstate him as National Commissioner, saying the charges had harmed the commissioner’s reputation and dignity.
"President Cyril Ramaphosa must immediately lift General Masemola’s suspension and reinstate him as National Commissioner," Sapu said.
At this stage the Presidency has not publicly committed to a timetable or process for reconsidering Masemola’s suspension. The decision to lift a suspension of a senior public office-bearer rests with the appointing authority and may involve internal administrative or disciplinary reviews beyond the criminal matter.
Further inquiries into prosecution conduct planned
The NPA said Mothibi will refer the matter back to the Idac judge and make the Case Assessment Panel report available for additional scrutiny. The purpose is to examine the circumstances that surrounded the prosecution team’s decision to enrol the charges and to determine whether any misconduct occurred during the investigative or prosecutorial processes.
The NPA indicated this follow-up will include an assessment of how the applicable law was applied in the case and whether the decision to proceed to court was justified on the evidence then available.
- Charges withdrawn: Four counts linked to the Medicare24 tender.
- Decision-maker: National Director of Public Prosecutions Advocate Andy Mothibi.
- Next steps: Referral to Idac judge and release of the Case Assessment Panel report for further investigation into the prosecution’s conduct.
The sequence of events highlights two concurrent strands of accountability: the criminal justice assessment that led to the NPA’s withdrawal, and a separate inquiry into whether investigative or prosecutorial errors were made. If the latter uncovers misconduct, it could prompt disciplinary or remedial action within investigative agencies or the NPA.
The development leaves an immediate question over leadership stability at the South African Police Service. The suspension of a sitting National Commissioner is an exceptional administrative measure and, with the criminal case now withdrawn, calls are likely to intensify for a clear executive response on whether Masemola will be reinstated or face alternative administrative processes.
The NPA statement and Sapu’s response provide the official public record of the legal end of the criminal matter; however, the referral for scrutiny of the prosecution’s conduct suggests the story will continue as oversight bodies review the earlier handling of the case.
