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PRETORIA, South Africa — The Pretoria Magistrate’s Court formally withdrew four Public Finance Management Act charges against suspended National Police Commissioner Fannie Masemola on Tuesday, 22 September 2026.


The court step implemented a National Prosecuting Authority decision reached after a review of the evidence. The NPA said it found no reasonable prospect of a successful prosecution against Masemola. His precautionary suspension from the police leadership remains a separate employment decision for the Presidency.


The National Prosecuting Authority said a review of the evidence, a case-assessment report and independent senior counsel’s input showed no reasonable prospect of a successful PFMA prosecution. The Pretoria Magistrate’s Court then formally withdrew the four charges on 22 September 2026.


Court implements the NPA decision

The NPA’s formal statement said National Director of Public Prosecutions Andy Mothibi reviewed evidence gathered by the Investigating Directorate Against Corruption. He also considered a Case Assessment Panel report and input from independent senior counsel.


The NPA said its prosecution directives require a reasonable prospect of success before a case proceeds to trial. After the review, Mothibi instructed prosecutors to withdraw the PFMA charges against Masemola.


The court appearance on Tuesday completed that procedural step. eNCA reported from Pretoria that Masemola described the process as difficult and said he was eager to return to public service.


The withdrawal ends this prosecution against Masemola. It is not a conviction, and it does not decide the allegations against other people in the broader procurement case.


Why the NPA reversed course

Mothibi used powers under section 179(5)(c) of South Africa’s Constitution and section 22(2)(b) of the National Prosecuting Authority Act. The NPA said those provisions allow the national director to intervene when prosecution policy directives have not been followed.

JUSTICE

Fannie Masemola Charges Withdrawn in Tender Case

Kamau Bahati

By

Kamau Bahati

Entertainment Editor

Sep 22, 2026

Sep 22, 2026

5 min read

Pretoria prosecutors withdrew four PFMA charges against Fannie Masemola after the NPA found no reasonable prospect of a successful case.

Published

Updated:

PRETORIA, South Africa — The Pretoria Magistrate’s Court formally withdrew four Public Finance Management Act charges against suspended National Police Commissioner Fannie Masemola on Tuesday, 22 September 2026.


The court step implemented a National Prosecuting Authority decision reached after a review of the evidence. The NPA said it found no reasonable prospect of a successful prosecution against Masemola. His precautionary suspension from the police leadership remains a separate employment decision for the Presidency.


The National Prosecuting Authority said a review of the evidence, a case-assessment report and independent senior counsel’s input showed no reasonable prospect of a successful PFMA prosecution. The Pretoria Magistrate’s Court then formally withdrew the four charges on 22 September 2026.



Court implements the NPA decision

The NPA’s formal statement said National Director of Public Prosecutions Andy Mothibi reviewed evidence gathered by the Investigating Directorate Against Corruption. He also considered a Case Assessment Panel report and input from independent senior counsel.


The NPA said its prosecution directives require a reasonable prospect of success before a case proceeds to trial. After the review, Mothibi instructed prosecutors to withdraw the PFMA charges against Masemola.


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The court appearance on Tuesday completed that procedural step. eNCA reported from Pretoria that Masemola described the process as difficult and said he was eager to return to public service.


The withdrawal ends this prosecution against Masemola. It is not a conviction, and it does not decide the allegations against other people in the broader procurement case.



Why the NPA reversed course

Mothibi used powers under section 179(5)(c) of South Africa’s Constitution and section 22(2)(b) of the National Prosecuting Authority Act. The NPA said those provisions allow the national director to intervene when prosecution policy directives have not been followed.


The authority’s stated conclusion was evidentiary: it did not believe the available material could sustain a successful prosecution of Masemola on the PFMA counts. The NPA also said Masemola’s lawyers had submitted representations, but the withdrawal decision had already been taken through the review process.


Mothibi plans to refer the case-assessment material to the IDAC judge to examine how the evidence was assessed, why the matter was enrolled and how the law was applied. That review may consider whether misconduct occurred, but the referral itself is not a misconduct finding.

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XTRAfrica previously profiled Mothibi’s appointment as head of the NPA. The Masemola decision is one of the clearest early examples of the prosecuting authority using an internal review to halt a case it no longer considered trial-ready.


What happens to Masemola’s suspension

President Cyril Ramaphosa placed Masemola on precautionary suspension in April after he appeared in court. The Presidency’s statement said the measure was intended to protect stability and public confidence while the criminal case proceeded. Lieutenant-General Puleng Dimpane was appointed acting national commissioner.


The criminal charges have now been withdrawn, but the court did not issue an employment order. eNCA reported that Masemola acknowledged he must wait for his employer’s decision before returning to the commissioner’s office.


That distinction matters. A prosecutorial decision determines whether the state continues a criminal case. Reinstatement depends on the authority that imposed the precautionary suspension and any applicable employment process.


Masemola’s charges arose from his responsibilities as SAPS accounting officer in relation to a police health-and-wellness contract involving Medicare24 Tshwane District. Earlier Associated Press reporting described the contract as worth R360 million and said Masemola faced four alleged PFMA violations.


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The latest national report says the case against businessman Vusimuzi “Cat” Matlala and other accused continues. Their positions must be judged separately. The withdrawal of Masemola’s charges does not dismiss their cases or establish any person’s guilt.


South Africa’s scrutiny of police leadership extends beyond this contract. XTRAfrica’s report on the arrest of an unnamed SAPS lieutenant general concerns an unrelated matter, while the Kempton Park women’s-deaths investigation shows the operational pressure facing the service. Those stories should not be merged with the Masemola proceedings.



Who is Fannie Masemola?

Sehlahle Fannie Masemola is a career police officer appointed national commissioner in March 2022. The government’s appointment profile said he had served as deputy national commissioner for policing since 2016 and had coordinated security planning for national elections and major events.


His appointment placed him at the head of South Africa’s national police service after decades in operational and senior-management roles. The immediate question after Tuesday’s withdrawal is not whether a court restored him to office it did not but how the Presidency will respond to the end of the criminal case that prompted his suspension.



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