JOHANNESBURG – While pressure has been mounting for President Cyril Ramaphosa to act and place top cop Fannie Masemola on suspension, a law expert says the decision has no legal basis.
But, Ramaphosa as the head of state can still exercise his power and place Masemola on suspension.
The national commissioner was served a summons this week and will face charges in connection with the controversial SAPS R360 million tender awarded to Vusumuzi “Cat” Matlala’s company Medicare 24 Tshwane District.
Weighing in on the matter, legal expert Ulrich Roux contends the SAPS Act, and the Constitution doesn’t require Ramaphosa to suspend Masemola pending the finalisation of the trial and its outcome.
“He has the authority to place the national commissioner on suspension, but no act confirms that he needs to suspend him given that he is faced with criminal charges at this stage. A person is innocent until proven guilty” Roux said.