Masemola’s legal team questions IDAC probe after NPA drops charges

Johannesburg – The legal team representing suspended National Police Commissioner General Fannie Masemola has questioned the conduct of the Independent Directorate Against Corruption (IDAC) investigation after the National Prosecuting Authority (NPA) withdrew all charges against him in the Medicare24 SAPS tender case.

According to eNCA, Masemola’s lawyer, Morongoe Seleka, said the defence had reviewed more than 30,000 pages of evidence contained in the police docket before reaching its conclusions about the investigation.

“We have come to the conclusion that this is a serious misplacement of the investigative mandate of IDAC and also prosecutorial duties that IDAC has,” Seleka said.

He further described IDAC’s decision to pursue the charges as “judicial overreach”.

The comments follow the NPA’s decision to withdraw the charges against Masemola after a review ordered by National Director of Public Prosecutions Andy Mothibi.

SABC News reported that Mothibi found there were “no reasonable prospects of a successful prosecution” after considering the investigation, a Case Assessment Panel report and an independent senior counsel’s opinion. The NPA has also said the handling of the case will be subjected to further scrutiny to establish whether any misconduct occurred.

Masemola had initially been arrested and charged by IDAC over alleged violations of the Public Finance Management Act relating to the controversial Medicare24 SAPS tender.

Madlanga Commission

The controversy surrounding the investigation has also emerged during testimony before the Madlanga Commission of Inquiry.

According to Eyewitness News, IDAC prosecutor Drushantha Ramsamy testified that former IDAC head Andrea Johnson was determined to link Masemola to the Medicare24 investigation despite, according to Ramsamy, there being no evidence connecting him to the matter.

Ramsamy told the commission that Johnson instructed investigators to look for information against Masemola and later his daughter.

“It was clear (at least to me) that General Masemola was a target and the rules will be broken to catch him by any means necessary,” Ramsamy testified.

The testimony has added to questions surrounding IDAC’s handling of investigations involving senior police officials.

The publication previously reported that IDAC’s work had come under scrutiny following testimony at the Madlanga Commission, with a review panel established to examine the Medicare24 investigation. IDAC spokesperson Henry Mamothame said the directorate would not pre-empt the panel’s findings.

The withdrawal of the charges does not, however, resolve all issues surrounding the wider Medicare24 matter. The case involving businessman Vusimuzi “Cat” Matlala and other accused remains subject to court proceedings, while scrutiny of the investigation continues.

Masemola remains suspended as the fallout from the case and the broader allegations concerning police corruption and the conduct of law-enforcement agencies continue to unfold.