Charges against National Police Commissioner General Fannie Masemola are set to be formally withdrawn after National Director of Public Prosecutions (NDPP) Advocate Andy Mothibi reviewed the case and found that there are no reasonable prospects of securing a successful prosecution.
The case stems from an investigation by the National Prosecuting Authority’s Investigating Directorate Against Corruption (IDAC) into a controversial South African Police Service (SAPS) healthcare tender involving Medicare24 and businessman Vusimuzi “Cat” Matlala.
NPA orders withdrawal of charges
According to the NPA, Mothibi reviewed the evidence gathered during the IDAC investigation, together with a report from a Case Assessment Panel and an assessment by an independent senior counsel.
Following that process, he instructed prosecutors to withdraw the Public Finance Management Act (PFMA) charges against Masemola.
NPA spokesperson Kaizer Kganyago said the review found that the required threshold for continuing with the prosecution had not been met.
“The NDPP is satisfied that there are no reasonable prospects of a successful prosecution against the national commissioner on the PFMA charges,” Kganyago said.
He added that the prosecution team would arrange for Masemola to appear in court so that the withdrawal could be formally recorded.
The decision was made after Mothibi invoked Section 179(5)(c) of the Constitution, read together with Section 22(2)(b) of the National Prosecuting Authority Act 32 of 1998. These provisions allow the NDPP to intervene in prosecution processes where NPA policy directives have not been complied with.
What Masemola was accused of
Masemola faced four PFMA-related charges linked to a SAPS healthcare tender worth hundreds of millions of rand that was awarded to Medicare24.
The charges related to allegations that Masemola had failed to take appropriate steps in relation to the procurement process and the conduct of officials involved in the tender.
Importantly, the withdrawal concerns the PFMA charges against Masemola. It does not amount to a finding that every issue surrounding the broader Medicare24 investigation or the conduct of other individuals has been resolved.
Masemola was arrested and appeared in the Pretoria Magistrate’s Court in April 2026. President Cyril Ramaphosa subsequently placed him on special leave pending the outcome of the criminal proceedings.
A case that came under intense scrutiny
The prosecution of Masemola became increasingly controversial as questions were raised about the legal basis for the charges and the decision to prosecute him.
The matter was also examined by the Madlanga Commission of Inquiry, where former IDAC head Andrea Johnson was questioned about the decision to charge the police commissioner.
Johnson reportedly conceded during proceedings that the legal reasoning used to charge Masemola did not hold up, while maintaining that Masemola should have been dealt with separately from some of the other accused.
The commission’s examination of the matter added another layer of scrutiny to an already politically and institutionally sensitive case involving the country’s top police official.
Why the NPA is withdrawing the case
Mothibi said the NPA should not proceed with a prosecution where the evidence is insufficient to sustain a successful case.
“Enrolling a case for prosecution where evidence is not sufficient to sustain a successful prosecution is not in the public interest,” Mothibi said.
He further stated that a prosecution proceeding despite insufficient evidence and the omission of material exculpatory considerations would not accord with the NPA’s mandate.
The NPA’s position is therefore that the available evidence does not provide reasonable prospects of successfully prosecuting Masemola on the PFMA charges.
Review into how the case was handled
The withdrawal does not mean the NPA is simply closing the matter without further scrutiny.
Kganyago said Mothibi would report the case to the IDAC judge and that the Case Assessment Panel’s report would be used to investigate how the prosecution team assessed the evidence, decided to enrol the matter and applied the law.
The investigation is intended to establish whether there was any misconduct in the handling of the case.
The NPA has also confirmed that Masemola’s legal representatives made representations seeking a review and withdrawal of the charges. Those representations were considered, but the NPA said the decision to withdraw had already been reached through its own assessment and review process.
Part of a wider IDAC review
Masemola’s case comes as the NPA undertakes a broader review of cases handled by IDAC.
Earlier in September, the NPA announced the withdrawal of fraud and corruption charges against several senior police officials, including Lieutenant General Dumisani Khumalo, after Mothibi similarly invoked his constitutional and statutory powers to intervene where prosecution policy directives had not been followed.
The NPA has described the ongoing assessment as part of the “IDAC Reset Programme”, with cases being reviewed to determine whether the evidence and legal basis support continued prosecution.
What happens next
Masemola’s case will still need to return to court for the formal withdrawal of the charges.
The NPA has made clear that the immediate decision relates specifically to the PFMA case against the national commissioner and its assessment that there are no reasonable prospects of a successful prosecution.
The wider questions surrounding the Medicare24 tender, the conduct of other people implicated in the investigation and the manner in which the original prosecution was initiated remain matters of separate scrutiny.
For Masemola, however, the NPA’s decision marks a significant development in a case that resulted in his arrest, court appearances and placement on special leave while questions were being raised about the controversial SAPS procurement process.
