The National Prosecuting Authority (NPA) has withdrawn charges against South African Police Service (SAPS) National Commissioner General Fannie Masemola following a review of the case brought against him under the Public Finance Management Act (PFMA).
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The NPA said on Tuesday that National Director of Public Prosecutions (NDPP) Advocate Andy Mothibi had formally instructed that the charges be withdrawn after reviewing the evidence gathered by the Investigating Directorate Against Corruption (IDAC).
Masemola was arrested by IDAC in connection with the PFMA charges.
According to the NPA, Mothibi invoked Section 179(5)(c) of the Constitution, read with Section 22(2)(b) of the National Prosecuting Authority Act 32 of 1998. These provisions allow the NDPP to intervene in a prosecution where NPA policy directives have not been complied with.
The NPA said its directives require that there be reasonable prospects of success before a matter is enrolled for trial.
“The NDPP considered evidence gathered by IDAC through investigations,” the NPA said.
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Mothibi also considered a report by the Case Assessment Panel and a report from an independent senior counsel who participated in the assessment process.
“Following the review process, the NDPP is satisfied that there are no reasonable prospects of a successful prosecution against the National Commissioner on the PFMA charges,” the NPA said.
Mothibi said prosecuting a case without sufficient evidence was not 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.
“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 said the matter would now be reported to the IDAC Judge, with the Case Assessment Panel report being made available to facilitate an investigation into how the case was assessed and enrolled.
Internal assessment
The investigation will also examine the application of the law and whether any misconduct occurred.
“The NPA will report the matter to the IDAC Judge and avail the Case Assessment Panel report to investigate the circumstances relating to the prosecution team’s assessment of the evidence, the enrolment of the matter, and the application of the law, to determine if there is any misconduct,” the authority said.
The NPA confirmed that it had also received representations from Masemola’s legal team. However, it said these representations did not influence the decision to withdraw the charges because the decision had already been made following the internal assessment and review.
The prosecution team will arrange for Masemola to appear in court for the formal withdrawal of the case.
The NPA said the review of cases handled by IDAC would continue as part of its IDAC Reset Programme.
Originally published by African Insider.
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