By Akani Nkuna
National Police Commissioner General Fannie Masemola returned to work on Monday after nearly six months on precautionary suspension, saying he would not seek “revenge” against those he believes were behind attempts to have him prosecuted.
“I expect every member of senior management to demonstrate maturity, discipline and collective responsibility and work together not work against one another. I return ready to work with all of you. I am not here to avenge or revenge, I am here to lead an organisation that must be of service to the people of this country,” he said while addressing police management and the media in Pretoria.
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Testimony before the Madlanga Commission has raised questions about whether senior officials in the Investigating Directorate Against Corruption (IDAC) had improperly pursued criminal cases against Masemola and other senior officers.
IDAC prosecutor Drushantha Ramsamy testified in August that former directorate head Andrea Johnson had sought to build cases against Masemola and Crime Intelligence head Lieutenant-General Dumisani Khumalo.
She alleged that Johnson had instructed investigators not to brief Masemola about certain investigations before he appeared before Parliament’s police portfolio committee. She said the intention was to allow him to give potentially inaccurate evidence, which could then be used to pursue a perjury charge.
When questioned by a member of the commission about whether this amounted to an attempt to entrap Masemola, Ramsamy agreed.
The commission also examined the grounds on which Masemola had been included in the prosecution of the controversial Medicare24 police health-services contract.
During proceedings, commission chairperson Justice Mbuyiseli Madlanga questioned whether there was a sufficient legal basis for Masemola’s inclusion in the case and raised the possibility that the decision had been intended to damage his reputation.
Masemola was placed on precautionary suspension in April after appearing in the Pretoria Magistrates’ Court on four charges relating to alleged contraventions of the Public Finance Management Act.
The charges arose from allegations that he failed to exercise proper oversight of the R228 million SAPS health-services contract awarded to Medicare24, which is owned by corruption and attempted murder-accused businessman Vusimusi “Cat” Matlala.
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In September, National Director of Public Prosecutions Advocate Andy Mothibi ordered the withdrawal of charges against Masemola following a review of IDAC’s evidence, a Case Assessment Panel report and an independent senior counsel’s assessment.
The National Prosecuting Authority (NPA) concluded that there were no reasonable prospects of securing a conviction.
The charges were formally withdrawn in the Pretoria Magistrates’ Court later that month.
Mothibi also referred the handling of the prosecution to the IDAC judge for an investigation into whether misconduct had occurred in assessing the evidence, bringing the matter before court and applying the law.
President Cyril Ramaphosa lifted Masemola’s suspension on Friday.
Masemola acknowledged that his suspension had been difficult but said the experience had reinforced his belief in due process and the rule of law.
He urged senior police officers to set aside personal differences and concentrate on restoring stability, professionalism and public confidence in SAPS.
“Generals and members of the SAPS, we cannot build a strong police service on division, mistrust, or competing personal interests. We must build it on professional solidarity, ethical leadership, mutual respect and a shared commitment to our constitutional mandate,” he said.
“We are a learning organisation, we need to work together going forward to transform the organisation. And of course, clean up the organisation so that at the end of the day we have an organisation that is ready to serve the people of this country.”
He said SAPS would consider and implement relevant recommendations from the Madlanga Commission’s final report, particularly those aimed at addressing institutional weaknesses and strengthening accountability.
Improving frontline policing would also remain a priority, including providing police stations with additional vehicles, equipment and personnel, reducing response times and filling critical vacancies.
Masemola said preparations for the 4 November local government elections were underway, with assessments of provincial police readiness starting in Gauteng on Monday before being extended to other provinces.
He said he was concerned about attacks and killings involving political party members and candidates, and that he would seek a comprehensive briefing from Crime Intelligence on the incidents and the measures required to prevent further violence.
He pledged that police would act impartially against political intimidation and violence, regardless of party affiliation.
