Concerns Regarding Prosecutorial Conduct in the Case Involving Fannie Masemola

Johannesburg, South Africa. Tuesday, 21 April 2026 — Public Interest SA notes with concern recent developments surrounding the prosecution of National Commissioner of the South African Police Service (SAPS), General Fannie Masemola, in relation to allegations linked to the R360 million Medicare24 Tshwane tender.

While we reaffirm the foundational principle that no individual is above the law, we are equally compelled to caution against any conduct that may give rise to the perception that prosecutorial authority is being exercised in a manner that is inconsistent, selective, or open to abuse.

The decision by the Investigating Directorate Against Corruption (IDAC), under the leadership of Andrea Johnson, to proceed in a manner that places the National Commissioner alongside other accused persons, including Vusimuzi Matlala, raises legitimate questions about both the strategic judgment and broader implications of this approach.

Based on publicly available information, there appears to be a credible argument that General Masemola’s involvement in the matter may have been in response to concerns already identified within the procurement process, rather than indicative of primary wrongdoing. These are matters that must ultimately be tested in a court of law.

However, the manner in which the prosecution is being pursued must withstand scrutiny not only in law, but also in principle.

We are particularly concerned about the potential consequences of joining the National Commissioner in what is likely to become a protracted and complex multi-accused trial. Such proceedings may take years to conclude and risk diverting critical leadership attention away from the urgent task of addressing South Africa’s escalating crime crisis.

Furthermore, Public Interest SA notes ongoing public discourse regarding the integrity of IDAC leadership. Allegations and prior admissions relating to conduct by Johnson, including her testimony under oath concerning past improprieties during her tenure at the Directorate of Special Operations, underscore the importance of ensuring that prosecutorial decisions are beyond reproach.

Separating Masemola’s trial from that of the other accused - owing to its distinct focus on the PFMA - would likely facilitate a more expedited resolution of his case and help ensure that any potential suspension by the President is limited to the shortest duration reasonably necessary.

In this context, it is essential that the National Prosecuting Authority (NPA) continues to uphold the highest standards of independence, fairness, and accountability. The fight against corruption cannot be advanced through actions that may inadvertently erode public confidence in the very institutions entrusted with upholding justice.

We therefore reiterate our call on the National Director of Public Prosecutions, Adv Andy Mothibi, to honour his undertaking that "this matter [alleged misconduct by Johnson] will be given the attention with the urgency it deserves". Public Interest SA lodged a formal complaint against Johnson in December 2025, and to date there has been no discernible progress in the matter.

We call on President Cyril Ramaphosa to exercise measured and principled leadership in safeguarding both the independence and integrity of the criminal justice system. This includes ensuring that credible concerns about potential misuse of prosecutorial power are not ignored, while remaining careful not to undermine the constitutional mandate of prosecutorial authorities.

Public Interest SA reiterates that should any wrongdoing by General Masemola be proven, he must be held fully accountable in accordance with the law. However, justice must not only be done — it must be seen to be done, through processes that are fair, transparent, and free from any perception of ulterior motive.

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