South Africa prosecutors drop case against suspended police chief

South African prosecutors have dropped criminal charges against the country’s suspended police chief after concluding there was insufficient evidence to secure a conviction.

General Fannie Masemola was charged in April with failing in his duties to provide proper oversight in his role following a health contract that became the subject of a criminal investigation. He denied the charges.

President Cyril Ramaphosa subsequently placed him on precautionary suspension while the criminal case was underway.

Following a review of the case, state prosecutors said on Tuesday they were satisfied there were “no reasonable prospects of a successful prosecution” against Masemola.

Masemola, 62, was accused of failing to act on fraud warnings in the awarding of a controversial $21m (£15.5m) health tender that was later cancelled.

A dozen senior police officers have since been formally charged over their role in awarding the contract to provide health service to the police. The allegations emerged at a national inquiry examining allegedly widespread corruption involving police officers and politicians.

Andy Mothibi, the National Director of Public Prosecutions (NDPP) on Tuesday ordered the charges against Masemola to be withdrawn after reviewing evidence gathered by the Independent Directorate Against Corruption (IDAC).

Mothibi said pursuing a case without sufficient evidence was not in the public interest.

Prosecutors will investigate the circumstances surrounding the decision to prosecute Masemola to establish whether there was any misconduct in the assessment of the evidence and the application of the law, Mothibi said.

Masemola will still have to appear in court for the charges to be formally withdrawn.

Acting Police Minister Firoz Cachalia has welcomed the prosecutor’s decision and said Masemola and the president would to meet over what happens next.

There has not yet been an announcement from the presidency confirming his return to office.

The allegations about the health contract tender came up at an inquiry, known as the Madlanga Commission, set up by President Ramaphosa last September to look into corruption in the police force.

The commission was prompted by shocking allegations made last year by Lt-Gen Nhlanhla Mkhwanazi, a provincial police chief, that organised crime groups had penetrated the upper echelons of government.

Masemola is the third police chief to face a criminal investigation while in office.

Jackie Selebi, the country’s longest-serving police boss, was sentenced in 2010 to 15 years in prison after being convicted of taking bribes from an Italian drug lord, Glen Agliotti, in exchange for turning a blind eye to his criminal activity.

In 2017, Khomotso Phahlane was charged with corruption. Those charges were withdrawn the next year, but he was again arrested on similar charges in 2019 – which he denies.