NPA wants charges against Masemola dropped

Unexpected Constitutional Interventions and Internal Review Panels Shatter High-Stakes Public Prosecution Against Top Police Official

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National Director of Public Prosecutions Shamila Batohi issued formal instructions directing prosecutors to withdraw all active criminal charges against National Police Commissioner General Fannie Masemola.

The explosive directive follows an exhaustive legal review of the financial misconduct case brought against Fannie Masemola, with Shamila Batohi determining that no reasonable prospects of a successful prosecution exist under the Public Finance Management Act.

The standalone charges against Fannie Masemola, which emerged during the high-profile Medicare 24 fraud case, collapsed after undergoing intense judicial scrutiny at the Madlanga Commission.

During commission proceedings, the bench directly challenged the legal standing of the Investigating Directorate, determining that statutory rules mandate Public Finance Management Act charges to remain supplementary and strictly tied to core corruption cases.

The bench established that the Investigating Directorate possessed zero legal authority to initiate standalone prosecution against Fannie Masemola without an underlying corruption charge.

The National Prosecuting Authority confirmed in an official statement that Shamila Batohi will formally report the entire matter to the Investigating Directorate judge.

Shamila Batohi will hand over a comprehensive assessment report to investigate the internal prosecution team’s handling of evidence, the initial court enrollment, and the interpretation of statutory law to establish whether prosecutorial misconduct occurred.

The collapse of the case stems from a deliberate review process initiated by Shamila Batohi well before the Investigating Directorate appeared at the Madlanga Commission.

Shamila Batohi assembled a specialized internal review panel and retained an independent external Senior Counsel to re-evaluate all evidence contained within the police docket.

Following a comprehensive analysis, the review panel and external Senior Counsel submitted an unequivocal report confirming that the evidence gathered against Fannie Masemola is legally insufficient to sustain a prosecution.

Exercising executive constitutional powers, Shamila Batohi invoked Section 179 of the Constitution of the Republic of South Africa to formally review and terminate the proceedings.

NPA wants charges against Masemola dropped

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