JOHANNESBURG - The fate of National Commissioner Fannie Masemola hangs in the balance after his name surfaced in controversial R360 million health services tenders linked to alleged cartel boss Vusi "Cat" Matlala.
The tender awarded to a Medicare24 Tshwane District, a company attached to Matlala, has been flagged for allegations that it did not have adequate facilities, equipment, and staff to fulfill the tender, which was budgeted.
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It is also alleged that Matlala received a payment of just over R50 million before the unlawful contract was cancelled by SAPS.
To date, at least 12 high-ranking SAPS members, including a director at Medicare24 Tshwane District, have also been linked to the controversial tender and made an appearance before the court in Pretoria earlier this week.
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These developments have once again brought up concerns around corruption and organised crime in South Africa, further intensifying scrutiny over Masemola’s role and accountability as a top cop.
Professor Jacob Mofokeng from Unisa's Department of Criminology and Security said this debate illustrates the tension between legal procedure and leadership.
On procedural law, Mofokeng speaks of Section 38 of South Africa's Public Finance Management Act (PFMA), which he says speaks of oversight failure rather than personal pocketing of corruption.
On the integrity side, it’s about collective morality and humanising the law.
He said:
“An African-centered approach will argue that at least a leader is a custodian of the community's resources."
Mofokeng further argued that if R360 million intended for health services was compromised under Masemola’s watch, the moral tear in the social fabric is too great for him to continue leading.
Adding to this was security strategist, Andy Mashaile who shifted the spotlight on the R50 million which Matlala allegedly received.
Mashaile said:
“In the court papers now, there is a fight for the R228 million relating to that irregularly awarded tender. So, the buck stops with the accounting officer for that R50 million that the state has lost."
He said these are some of the things that President Cyril Ramaphosa has to consider as he applies his mind.
“There is a loss of R50 million to the State. How we recoup that is another ball game to look at in the future. But for now, you have to balance stability and internal integrity in the office of the national commissioner as well as the process integrity that is expected and required by the ordinary members of the community working on the face of it."
Masemola has not been charged with corruption. That's according to acting Police Minister Firoz Cachalia.
Masemola will appear in court next month in connection with the Medicare24 tender saga.
"General Masemola has been charged. The charges are under section 38 of the Public Finance Management Act. That concerns the standards that an accounting officer must meet,” Cachalia said.
Cachalia said he will present Ramaphosa with possible options to address the matter involving Masemola.
READ | Cachalia: Masemola has not been charged with corruption
Ramaphosa said he is engaging with the various people who are involved in the security cluster and will be making an announcement soon.
He expressed concern about the instability that has been aired at the SAPS Ad Hoc Committee and the Madlanga Commission.
“That is why I appointed the Commission, so that all the truth may come out. So that we can turn a new page when it comes to policing, and what has been aired is disturbing.
“But we now need to move forward on a completely new page, appoint people who are going to serve the people of South Africa and who are going to secure the lives of the people of South Africa,” he said.