By Marcus Moloko
As National Police Commissioner Fannie Masemola prepares to face criminal charges in the Pretoria Magistrate’s Court on 21 April 2026, the debate over whether President Cyril Ramaphosa should suspend him has intensified.
Legal expert Ulrich Roux has added clarity to a situation where the public seeks justice while the rule of law compels innocence until proven guilty.
In clarifying the legal aspect of the matter, Roux said while President Cyril Ramaphosa had the constitutional authority to suspend Masemola, there was no legal obligation compelling him to do so.
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“Even though society and political parties may demand immediate action, legally the president cannot simply dismiss or suspend Masemola without due process,” Roux said.
“The Constitution confirms that he has the authority to take the appropriate steps, but it also enshrines the principle that a person is innocent until proven guilty.”
Masemola faces criminal allegations tied to his role as the accounting officer of the South African Police Service (SAPS) in relation to the controversial R360 million Medicare24 health services tender.
The charges are framed under the Public Finance Management Act (PFMA), particularly Section 38, which sets out the responsibilities of accounting officers in managing procurement.
The allegations include how Masemola allegedly failed to meet the legal standards required by an accounting officer, alleged failure to prevent irregular expenditure, and possible ignored fraud warnings.
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He is accused of negligently approving deviations in procurement without performing necessary due diligence.
While Masemola is not accused of corruption in the sense of personally receiving kickbacks or bribes, his legal trouble emanate from administrative oversight failures, according to Acting Police Minister Firoz Cachalia.
This contrasts with his co-accused,12 senior officers, and businessman Vusimusi “Cat” Matlala, who face charges of fraud, corruption, and money laundering.
“Our Constitution confirms that a person is innocent until proven guilty,” Roux said.
“Even though these allegations have been levelled against him, and he is to appear in a criminal court, he cannot be dismissed summarily.”
Roux said this principle protected not only Masemola but the integrity of the justice system itself.
The National Prosecuting Authority (NPA) confirmed on Wednesday that Masemola has been served with a summons compelling his appearance in court on 21 April.
Ramaphosa has acknowledged the confirmation by the NPA of charges against Masemola, as well as his upcoming court appearance.
