NPA WITHDRAWS CHARGES AGAINST THE NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE, GENERAL FANNIE MASEMOLA
The National Director of Public Prosecution (NDPP), Adv Andy Mothibi has formally issued instructions that charges be withdrawn against the National Commissioner of Police Service General Fannie Masemola. The instructions follow after a review of the charges laid against him and subsequent arrest for the violation of Public Finance Management Act (PFMA) by the Independent Directorate Against Corruption (IDAC).
In reviewing the charges, the National Director of Public Prosecutions (NDPP), Adv Andy 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 empower the NDPP to intervene in any prosecution process where the NPA policy directives are not complied with. The NPA directives, provides amongst others, that there must be reasonable prospects of success before a matter is enrolled for trial.
The NDPP considered evidence gathered by IDAC through investigations, he also considered a report by the Case Assessment Panel together with a report of an independent Senior Counsel who was appointed to be part of the Case Assessment Process.
Following on 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 The NDPP has subsequently issued instructions that the charges against the National Commissioner be withdrawn.
The NDPP, Adv Andy Mothibi said “Enrolling a case for prosecution where evidence is not sufficient to sustain a successful prosecution is not in the public interest. A prosecution the proceeds while evidence is insufficient to sustain a successful prosecution and omits material exculpatory considerations, does not accord with NPA mandate”
The NDPP will report the matter to the IDAC Judge avail the Case Assessment Panel (the 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.
Further to the process of assessing and reviewing the matter, as stipulated above, the NPA also received representations from the Lawyers representing the National Commissioner. The representations were considered by the NDPP, however, since the decision to withdraw the matter was already taken based on the assessment and review process above, the representations did not have a further bearing on this matter.
The prosecution team will make arrangements for the National Commissioner to appear in court for the purpose of withdrawing the case against him.
The process of assessing and reviewing all the cases at IDAC will continue as part of the IDAC Reset Programme.
Enquiries:
Kaizer Kganyago
NPA – National Spokesperson
082 306 8888