The National Prosecuting Authority (NPA) has withdrawn charges against the National Commissioner of the South African Police Service (SAPS), General Fannie Masemola.
“The National Director of Public Prosecution (NDPP), Advocate Andy Mothibi, has formally issued instructions that charges be withdrawn against the National Commissioner of the South African Police Service, General Fannie Masemola. The instructions follow after a review of the charges laid against him and [his] subsequent arrest for the violation of the Public Finance Management Act (PFMA) by the Independent Directorate Against Corruption (IDAC),” the NPA said in a statement on Tuesday.
The authority said that in reviewing the charges, the National Director of Public Prosecutions, Advocate 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 provide, 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,” the NPA explained.
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The NDPP has subsequently issued instructions that the charges against the National Commissioner be withdrawn.
“Enrolling a case for prosecution where evidence is not sufficient to sustain a successful prosecution is not in the public interest. A prosecution that proceeds while evidence is insufficient to sustain a successful prosecution and omits material exculpatory considerations, does not accord with NPA mandate,” said Mothibi.
In addition, the NPA said: “The NDPP will report the matter to the IDAC Judge [to] 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, 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,” said the prosecuting authority.
President Cyril Ramaphosa placed Masemola on precautionary suspension following his appearance in the Pretoria Magistrate’s Court in April 2026.
READ | Police Commissioner General Masemola placed on precautionary suspension
-SAnews.gov.za
