Although national police commissioner Gen Fannie Masemola is not facing corruption charges in relation to a R360m police contract, he could still be suspended, according to a policing expert.
Masemola was served with a summons on Wednesday to appear in court on April 21, in relation to a tender awarded to attempted murder and corruption accused Vusimusi “Cat” Matlala’s company, Medicare24.
In an interview with eNCA on Thursday, acting police minister Firoz Cachalia confirmed Masemola was facing charges in relation to section 38 of the Public Finance Management Act, which requires an accounting officer to maintain effective and transparent systems of financial and risk management and internal control.
Independent policing expert Johan Burger explained that Masemola faces a case centred on the in relation to the tender, and not corruption.
There has been no direct criminal allegation before the Madlanga commission that Masemola received bribes or had a relationship with Matlala. The Madlanga commission is probing allegations of criminal syndicates’ infiltration in the justice cluster.
“The national commissioner himself is not implicated in any form of corruption. The problem for him may be in the provisions of PFMA,” Burger said.
“It is possible he may be charged for failing to apply properly the provisions of that act in this case. Whether he has an explanation for that is something we do not know right now.”
During testimony at the Madlanga commission, Masemola said he received a call from the Investigating Directorate Against Corruption (IDAC) alerting him to irregularities before the tender was awarded to Matlala’s company in 2024.
Masemola said when he requested a check, it was reported to him that the procurement process was compliant with the law at the time.
“The minister [Senzo Mchunu] before December 24 [2024] did allude that there is this contract that is for health risk management in the SAPS, and he is briefed or tipped somewhere that there are problems around this specific service provider.
“I also did indicate to him that somewhere in the year before the relevant committees awarded the tender to him, I did get a call from the IDAC to say it looks like there is a problem around the awarding of this contract. At that point, one did check whether there is compliance to prescripts and one found that no, it is [compliant],” Masemola said.
The current investigation against Masemola is handled by IDAC.
Burger said though Masemola does not face corruption charges, President Cyril Ramaphosa could decide to suspend him.
“It could lead to suspension. The president is the only person that appoints the national commissioner, and the suspension must come from the president. The minister [Cachalia] will advise the president.”
Cachalia has not spoken negatively about Masemola on the issue, Burger said. “It looks like [Masemola] enjoys the support of the minister. We do not know what the position of the president is; [we will] rely on the minister.”
Burger, who worked with the police for years, described Masemola as a man of integrity who supported KwaZulu-Natal commissioner Lt-Gen Nhlanhla Mkhwanazi in lifting the lid on police links to individuals facing criminal charges.
“It is worrying that he stands accused of failing his responsibilities in terms of PFMA. This comes at a time when confidence in the police service is at a low level. It is a difficult time for the police and the national commissioner,” he said.
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