Adv Andy Mothibi, has formally instructed prosecutors to withdraw charges against National Commissioner of Police General Fannie Masemola. Image: X
Fannie Masemola
1Min
South Africa
Charges against Police Commissioner Fannie Masemola withdrawn after NPA review
National Director of Public Prosecutions Adv Andy Mothibi has instructed that charges against National Commissioner of Police General Fannie Masemola be withdrawn after finding that there are no reasonable prospects of a successful prosecution.
The National Director of Public Prosecutions (NDPP), Adv Andy Mothibi, has formally instructed prosecutors to withdraw charges against National Commissioner of Police General Fannie Masemola.
The charges stemmed from his arrest by the Independent Directorate Against Corruption (IDAC) in connection with alleged violations of the Public Finance Management Act (PFMA).
Mothibi reviewed the charges and the evidence gathered during the IDAC investigation before making the decision.
In conducting the review, the NDPP invoked Section 179(5)(c) of the Constitution, read with Section 22(2)(b) of the National Prosecuting Authority Act 32 of 1998.
The provisions empower the NDPP to intervene in a prosecution process where the NPA's policy directives have not been complied with.
Among the NPA's requirements is that there must be reasonable prospects of a successful prosecution before a matter is enrolled for trial.
Mothibi considered the evidence collected by IDAC, as well as a report from the Case Assessment Panel and a report prepared by an independent Senior Counsel who participated in the case assessment process.
Following the review, the NDPP concluded that there were no reasonable prospects of securing a successful prosecution against Masemola on the PFMA charges.
