The National Prosecuting Authority (NPA) has instructed that the four Public Finance Management Act (PFMA) charges against South African Police Service (SAPS) National Commissioner Gen Fannie Masemola be withdrawn, the NPA said on Tuesday.
NDPP finds insufficient prospects of success
In a directive issued after a review of the Independent Directorate Against Corruption's (IDAC) investigation, the National Director of Public Prosecutions (NDPP), Adv Andy Mothibi, concluded there are no reasonable prospects of a successful prosecution against the national commissioner.
NPA spokesperson Kaizer Kganyago said Mothibi's decision followed an assessment of evidence gathered by IDAC, analyses by a case assessment panel and opinion from an independent senior counsel. Mothibi invoked Section 179(5)(c) of the Constitution, read with Section 22(2)(b) of the National Prosecuting Authority Act, to intervene where NPA policy directives were not complied with.
“The NDPP is satisfied that there are no reasonable prospects of a successful prosecution against the national commissioner ... A prosecution that proceeds while evidence is insufficient to sustain a successful prosecution and omits material exculpatory considerations does not accord with the NPA mandate,”
The NPA statement said its directives require prosecutors to establish reasonable prospects of success before enrolling a matter for trial, and that enrolling a case when evidence is insufficient is not in the public interest.
Background to the charges
Masemola was charged by IDAC with four counts under the PFMA in relation to the controversial R228-million Medicare24 tender, which was subsequently cancelled in May 2025. Since the contract's cancellation, about a dozen senior police officers have been formally charged over aspects of the tender award process. Masemola was not among those previously charged with corruption; his charges related specifically to alleged PFMA contraventions.
The NPA said arrangements will be made for Masemola to appear in court for the formal withdrawal of the charges.
Further review and oversight planned
Mothibi has instructed that the matter be reported to IDAC and that the Case Assessment Panel provide its report to investigate the circumstances surrounding the prosecution team's assessment of the evidence, the enrolment of the matter and the application of the law, to determine whether any misconduct occurred.
- Charges withdrawn: Four PFMA counts against Gen Fannie Masemola.
- Tender involved: R228-million Medicare24 contract, cancelled in May 2025.
- Other prosecutions: Approximately a dozen senior police officers have been formally charged over the same tender.
The withdrawal does not equate to a finding of innocence; it reflects the NDPP's assessment that the evidence available would not meet the legal threshold required for a reasonable prospect of success at trial. The planned review by the Case Assessment Panel is aimed at establishing whether the prosecution was properly assessed and conducted in line with NPA policy.
| Item | Detail |
|---|---|
| Alleged offence | Contravention of the PFMA (four counts) |
| Contract value | R228-million (Medicare24 tender) |
| Tender cancellation | May 2025 |
| Other prosecutions | About a dozen senior SAPS officers formally charged |
The decision will be closely scrutinised by corruption and accountability watchdogs, as well as by political actors, because it concerns the head of the national police and a high-value procurement process. It also comes amid wider efforts to reset and strengthen IDAC's investigative and prosecutorial processes, an exercise the NPA said would continue.
Formal court procedures will follow to effect the withdrawal. The NPA has committed to transparency in the follow-up review and to taking appropriate action should the Case Assessment Panel identify any misconduct in the handling of the prosecution.
