The National Prosecuting Authority (NPA) has withdrawn charges against South African Police Service (SAPS) National Commissioner General Fannie Masemola.
The charges followed his arrest by the Independent Directorate Against Corruption (IDAC) for alleged violations of the Public Finance Management Act (PFMA).
In a statement on Tuesday, the NPA said National Director of Public Prosecutions (NDPP) Advocate Andy Mothibi had formally instructed prosecutors to withdraw the charges after reviewing the case.
The review was conducted in terms of Section 179(5)(c) of the Constitution, read with Section 22(2)(b) of the National Prosecuting Authority Act 32 of 1998.
The provisions allow the NDPP to intervene in a prosecution where the NPA’s policy directives have not been followed.
The NPA said its directives require prosecutors to establish that there are reasonable prospects of success before enrolling a matter for trial.
Mothibi considered evidence gathered by IDAC, a report by the Case Assessment Panel and a report from an independent senior counsel who participated in the case assessment process.
“Following the review process, Mothibi is satisfied that there are no reasonable prospects of a successful prosecution against the National Commissioner on the PFMA charges,” the NPA said.
The NDPP consequently instructed prosecutors to withdraw the charges.
Mothibi said proceeding with a prosecution where the evidence was insufficient would not be in the public interest.
“Enrolling a case for prosecution where evidence is not sufficient to sustain a successful prosecution is not in the public interest,” he said.
The NPA added that Mothibi would report the matter to the IDAC judge, who would 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.
The authority said it had received representations from lawyers acting for Masemola. However, the representations did not affect the decision, as the withdrawal had already been reached through the assessment and review process.
Prosecutors will arrange for Masemola to appear in court so that the withdrawal can be formally recorded.
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