South African prosecutors have withdrawn criminal charges against suspended national police chief General Fannie Masemola, saying there is insufficient evidence for a successful prosecution. NDPP Andy Mothibi ordered the withdrawal after reviewing evidence from the Independent Directorate Against Corruption. Prosecutors will probe the decision to bring the original charges, and Masemola must appear in court for the charges to be formally dropped.
Charges Dropped Against South Africa’s Suspended Police Chief After Insufficient Evidence Found
Fannie Masemola will still have to appear in court for the charges to be formally withdrawn [AFP via Getty Images]
South African prosecutors have withdrawn criminal charges against suspended national police chief General Fannie Masemola after concluding there was insufficient evidence to secure a conviction.
What Happened
Masemola, 62, was charged in April with failing to provide proper oversight after a controversial police health-services tender — valued at about $21m (£15.5m) — became the subject of a criminal investigation. He denied the allegations. President Cyril Ramaphosa placed him on precautionary suspension while the case was being pursued.
Prosecutors' Decision
After reviewing evidence gathered by the Independent Directorate Against Corruption (IDAC), the National Director of Public Prosecutions (NDPP), Andy Mothibi, said on Tuesday there were "no reasonable prospects of a successful prosecution" and ordered the charges against Masemola to be withdrawn. Mothibi said pursuing a case that lacks sufficient evidence would not be in the public interest.
[BBC]
Next Steps
Prosecutors will now investigate the circumstances that led to Masemola's prosecution to determine whether there was any misconduct in the assessment of the evidence or in the application of the law. Masemola still must appear in court so the charges can be formally withdrawn.
Acting Police Minister Firoz Cachalia welcomed the decision and said Masemola and President Ramaphosa would meet to discuss the way forward. There has been no official announcement from the presidency about whether Masemola will be reinstated.
Wider Context
The disputed health contract was one of the matters raised at the Madlanga Commission, an inquiry established by President Ramaphosa to investigate alleged corruption within the police force. The commission was prompted by allegations from Lt-Gen Nhlanhla Mkhwanazi that organised crime groups had infiltrated the upper ranks of government.
Separately, about a dozen senior police officers have been formally charged over their role in awarding the contested contract. Masemola is the third national police commissioner to face a criminal probe while in office; former commissioner Jackie Selebi was convicted on corruption charges and sentenced in 2010, and Khomotso Phahlane previously faced corruption allegations that were withdrawn and later refiled.
Note: The withdrawal of charges does not equate to a finding of innocence. It reflects the prosecutors' assessment that the available evidence would not meet the legal threshold for conviction.
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