Suspended Police Minister Senzo Mchunu has described the court summons issued to National Police Commissioner General Fannie Masemola over a R360 million SAPS tender as “unfortunate.”
Image: ARMAND HOUGH Independent Newspapers
Suspended Police Minister Senzo Mchunu has described it as “unfortunate” that National Police Commissioner General Fannie Masemola has been summoned to appear in court in connection with the R360 million tender, but added that it shows that no one is above the law.
The National Prosecuting Authority (NPA) and SAPS confirmed that Masemola had been served with a summons over the scrapped R360 million Medicare 24 tender.
On Thursday morning, Acting Police Minister Professor Firoz Cachalia confirmed that Masemola has been charged under the Public Finance Management Act (PFMA), but not with corruption.
Cachalia said he would meet with President Cyril Ramaphosa to discuss the matter amid a looming crisis within SAPS.
Masemola remains in office pending the president’s response to the charges.
“General Masemola has been charged. The charges are under Section 38 of the PFMA. This concerns the standards that an accounting officer must meet in dealing with procurement decisions,” Cachalia told eNCA.
He added that others implicated in the matter face more serious allegations.
“As far as I understand, others have been charged with corruption. General Masemola has not been charged with corruption. However, being charged under procurement legislation is serious enough,” he said.
Cachalia confirmed Masemola is still serving as national commissioner.
“Of course, a decision has to be made about how we should respond to the fact that he has been charged,” he said.
The summons follows the broader arrests of 12 senior police officers linked to the same procurement matter, involving the Medicare 24 Tshwane District contract and tender kingpin Vusimuzi “Cat” Matlala.
Mchunu’s spokesperson, Sthembiso Mshengu, clarified the minister’s remarks, telling the Mail & Guardian that the arrest of the 12 officers is “only the tip of the iceberg.”
“First and foremost, we must appreciate the work done by IDAC over time so that South Africans can realise that we are all equal before the law,” Mshengu said.
“So whether you are a police officer or a civilian, if you are presumed to have broken the law, you will be brought before the courts to determine whether you are on the side of the law or not.”
Mshengu added that Mchunu first raised concerns about the Medicare 24 SAPS tender following investigative work by South African media.
“We must also appreciate the media in South Africa for ensuring that those in government entrusted with the public purse act with credibility,” he said.
Mshengu acknowledged that the issue extends beyond supply chain officials.
“There are others who should have been careful not to sign off on a tender with so many flaws. But they did so without following due process. We now have a system where those accused have their opportunity to present their side before a judge.”
Regarding Masemola, Mchunu acknowledges the summons but stressed that Cachalia and Ramaphosa will determine appropriate next steps.
“It is unfortunate that the first person commanding our police service is called before the court to answer in this case,” Mshengu said.
National Police Commissioner General Fannie Masemola has been charged under the Public Finance Management Act in connection with a controversial SAPS tender.
Image: Kopano Tlape / GCIS
He added, “We appreciate that there are no holy cows. We are all equal before the law, irrespective of title or position. If you must answer for your actions or inaction, you will be drawn before the courts to give your side of the story.”
When asked about criticisms that it is rich for Mchunu to speak on accountability given he is suspended over actions related to the Political Killings Task Team (PKTT), Mshengu responded,
“The minister never said the president concurred with his decision to direct the national commissioner to disband the PKTT. The discussion with the president around February 13 was advisory, and there was no official communique indicating that the president deemed the minister’s actions unlawful.”
Mshengu insisted that no law was broken.
“In a country of laws, ministers are only accountable if they transgress legal boundaries. The minister did not break any law in directing the national commissioner regarding the PKTT.”
Ramaphosa has said he did not approve the disbandment of the PKTT and was dissatisfied that he had not been consulted.
Mshengu acknowledged that Mchunu and Ramaphosa discussed the matter, and the PKTT remains operational.
Asked whether Mchunu hopes to return to his political duties, Mshengu said this is entirely at the president’s discretion.
“It doesn’t matter what the minister hopes or believes. The appointing authority will take the appropriate decision at the right time.”
Mchunu, an African National Congress (ANC) NEC member, previously stepped back from party duties over the PKTT allegations.
He has recently indicated interest in resuming his political work.
Mshengu said Mchunu is considering communicating this formally to the ANC secretary general Fikile Mbalul and “will take his time to do so when appropriate.”
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