Masemola faces court charges as Mkhwanazi emerges as potential successor

KwaZulu-Natal provincial police commissioner Lieutenant General Nhlanhla Mkhwanazi has emerged as a potential candidate to replace national police commissioner General Fannie Masemola, who has been summoned to appear in court next month over a controversial R360 million SAPS tender.

The development comes as pressure mounts on President Cyril Ramaphosa to suspend Masemola.

Policing experts say the situation highlights a deteriorating system within the South African Police Service (SAPS).

Masemola was formally served with a summons on Wednesday afternoon and is expected to appear in the Pretoria Magistrate’s Court on April 21.

Acting police minister Firoz Cachalia confirmed that Masemola has been charged under Section 38 of the Public Finance Management Act (PFMA), although he does not face corruption charges.

Cachalia said he would meet Ramaphosa to discuss the matter, adding that while Masemola has not been charged with corruption, others implicated in the case face more serious allegations.

“As far as I understand, others have been charged with corruption. General Masemola has not. However, charges under procurement legislation are serious enough,” he said.

National Prosecuting Authority (NPA) spokesperson Kaizer Kganyago confirmed the court date but declined to comment further.

SAPS spokesperson Brigadier Athlenda Mathe said the case relates to the Medicare24 procurement tender and confirmed that Masemola would comply with legal processes.

The case is linked to the arrest of 12 senior police officers facing allegations of fraud, money laundering, and PFMA violations. 

At the centre of the investigation is businessman Vusimusi Matlala, also known as “Cat”, whose alleged connections to the contract have triggered a broader probe into procurement irregularities within SAPS.

Calls for Masemola’s suspension have intensified, with some backing Mkhwanazi as a suitable replacement.

Speaking during a visit to a housing project in the Free State, Ramaphosa said a decision would be announced soon.

“I am having conversations with the various people involved in the security cluster, and we will be making an announcement soon,” he said. “Watch this space.”

Ramaphosa acknowledged concerns about instability within SAPS and described the revelations from both the ad hoc committee and the Madlanga Commission as troubling.

“It is most concerning and should concern all of us,” he said. “What has been aired is disturbing, but we now need to move forward and appoint people who will serve and protect South Africans.”

Speaking with IOL News, Professor Jean Steyn, a criminal justice academic at the University of Zululand, said the case raises serious concerns about public procurement, accountability, and institutional integrity.

“As the accounting officer for SAPS under the PFMA, the national commissioner bears responsibility for ensuring procurement complies with legal standards, including fairness, value for money, and preventing irregular expenditure,” he said.

Steyn acknowledged that while Masemola does not face corruption charges, PFMA violations remain serious and can arise from oversight failures or procedural lapses rather than deliberate intent.

“Even without corruption charges, such matters erode public trust in an institution tasked with enforcing the law,” he said.

He added that the tender’s alleged links to individuals associated with criminal networks heighten concerns about operational risks and officer welfare.

From a governance perspective, Steyn said the involvement of the National Prosecuting Authority’s Investigating Directorate Against Corruption reflects a commitment to accountability at the highest level.

However, he warned that the optics of a sitting national commissioner appearing in court could affect leadership stability, morale, and reform efforts within SAPS.

Steyn said Ramaphosa is likely to take a measured and lawful approach, possibly including a precautionary suspension pending the court outcome.

“A suspension would not imply guilt but would protect institutional integrity and allow for operational continuity,” he said.

Security strategist and former Interpol ambassador Andy Mashaile told IOL News that the case represents a critical test of South Africa’s rule of law.

“No individual, regardless of rank, is above the law,” he said, adding that any decision on suspension must balance due process with institutional credibility.

He said a temporary suspension should be fair, time-bound, and not imply guilt.

Mashaile added that Ramaphosa could appoint an acting commissioner or consider an early retirement package for Masemola, potentially opening the way for Mkhwanazi to take over.

However, Steyn cautioned against rushing such a move, saying that Mkhwanazi is currently involved in sensitive proceedings linked to the judicial commission.

“Mkhwanazi has built a reputation for decisive policing and confronting internal irregularities, particularly in KwaZulu-Natal,” he said. 

“But removing him from his current role at this stage may be premature.”

Mkhwanazi’s contract as provincial commissioner is also nearing its end, with no confirmation yet on whether it has been renewed. Masemola previously indicated that it will be renewed.

“⁠The Ministry is unable to confirm same at the moment,” police ministry spokesperson Kamogelo Mogotsi told IOL News when asked about Mkhwanazi’s contact.

Mogotsi said discussions between Cachalia and Ramaphosa are ongoing.

“⁠The charges against the National Commissioner are still to be communicated but the matter is a grave one which the Ministry views in a serious light.”

“The ministry will continue to provide leadership to ensure SAPS remains focused on serving the public.”

Meanwhile, Mathe did not respond to IOL News’ queries regarding Mkhwanazi’s contract, despite acknowledging receipt of the enquiry.

Who are the previous SAPS national commissioners?

George Fivaz was the first national commissioner of the South African Police Service in the democratic era, serving from 1995 to 2000 after the end of apartheid. He was appointed to help transform the police into a unified national service. 

Fivaz was not removed from office due to scandal or charges; instead, he completed his term and stepped down.

However, his tenure was criticised for struggles with crime control and challenges in transforming the police service during a difficult transitional period.

Jackie Selebi: He served from 2000 to 2009 and was later suspended in 2008 after corruption allegations surfaced. 

He was accused of accepting bribes from drug trafficker Glen Agliotti and interfering with police investigations. 

Selebi was charged with corruption and defeating the ends of justice, convicted in 2010, and sentenced to 15 years in prison, making him the first SAPS commissioner to be jailed.

Bheki Cele: He held office from 2009 to 2012. He was removed after a Board of Inquiry found him unfit for office due to his involvement in unlawful and improper conduct relating to controversial police lease agreements worth hundreds of millions of rand. Although he was not criminally convicted, the findings led to his dismissal by President Jacob Zuma.

Riah Phiyega: She served from 2012 until 2015 and was suspended following the findings of the Marikana Commission of Inquiry.

 The commission found that she failed in her leadership during the Marikana massacre and accused her of misleading the inquiry, raising concerns about possible perjury. 

She was also criticised for political interference, and although she was not criminally convicted, she never returned to office.

Khomotso Phahlane: He acted as commissioner from 2015 to 2017 before being suspended due to corruption allegations. 

He faced charges of fraud and corruption linked to procurement irregularities and unexplained wealth, including luxury vehicles and properties. He later appeared in court and was dismissed from SAPS in 2020 after disciplinary proceedings.

Khehla Sitole: He served from 2017 to 2022 and left office before completing his term following tensions with the government and adverse court rulings. 

The Constitutional Court found that he failed to comply with orders relating to investigations into corruption within Crime Intelligence. He was also criticised for the mismanagement of secret funds. While not criminally convicted, he agreed to an early exit.

Masemola: He has been serving since 2022 and has not been removed from office. 

His tenure continues under scrutiny due to ongoing allegations and investigations into corruption within SAPS, particularly involving senior leadership structures.

IOL Politics