THE National Prosecuting Authority (NPSA) is taking a fresh look at cases handled by its Investigating Directorate Against Corruption (IDAC), including the controversial Medicare24 matter that landed suspended National Police Commissioner Fannie Masemola in court.
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NPA head Andy Mothibi has ordered a review of IDAC matters to establish whether there is enough evidence for prosecutions to continue.
The move comes after charges against Masemola were formally withdrawn in the Pretoria Magistrates Court on Tuesday, 22 September.
Masemola had faced four charges linked to alleged contraventions of the Public Finance Management Act over the multi-million-rand SAPS Medicare24 tender awarded to businessman Vusimuzi “Cat” Matlala.
The NPA said its review of Masemola’s case found there were no reasonable prospects of a successful prosecution.
Cases will stand on evidence
NPA spokesman Kaizer Kganyago said the authority wouldn’t hesitate to withdraw charges where evidence doesn’t support a prosecution.
“As far as we’re concerned, all the other remaining people are going to continue with this matter, with the evidence before us,” said Kganyago.
“If we find that there’s not enough evidence against someone, we won’t be shy to withdraw those charges. But if there’s prima facie evidence, you’ll have to go through the court system and ultimately clear yourself.”
Kganyago stressed that the review wasn’t prompted by outside legal submissions but was already part of an internal process.
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The NPA has also started what it calls an IDAC “reset”, which includes lifestyle audits and other measures aimed at strengthening the directorate.
Lifestyle audits ordered
Kganyago said Mothibi had asked the Special Investigating Unit to conduct lifestyle audits on 29 NPA management and executive committee members when he took office in February.
The audits will also continue among IDAC investigators and prosecutors, as well as NPA management.
Former IDAC head Andrea Johnson will not be subjected to further enforcement of the audit because she has since resigned.
“We ‘re going to have lifestyle audits done on IDAC members together with the management at NPA itself,” said Kganyago.
“Miss Johnson was part of the audit as a member of Exco, but since she has resigned, we cannot enforce that further.”
The NPA has previously said its IDAC reset also includes skills and qualifications of audits and measures to ensure cases are handled consistently and within the law.
What about an apology to Masemola?
With the charges against Masemola now withdrawn, questions remain about whether the NPA owes the suspended top cop an apology.
Kganyago added that the authority would wait for the findings of the oversight judge before making that call.
“We haven’t determined as yet whether it was deliberate misconduct. Once that is determined, then we’ll consider the answer to that question.”
Masemola, meanwhile, has made it clear he wants to return to work.
Speaking after the charges were withdrawn, he described the past five months as a painful period and said he was ready to resume his duties if called back.
“If the president calls me tomorrow, I’ll be at the office, energetic to go back,” said Masemola.
The withdrawal of the criminal charges doesn’t, by itself, end his suspension, which is a separate matter.
For now, the NPA says its focus remains on the evidence, the law and cleaning up the processes within IDAC.
