MP Fadiel Adams Heads to High Court to Challenge Withdrawal of Charges Against Police Chief Fannie Masemola
Member of Parliament Fadiel Adams has launched a formal legal application seeking to review and set aside the decision to drop criminal charges against suspended National Police Commissioner, General Fannie Masemola.
The application, which names National Director of Public Prosecutions (NDPP) Andy Mothibi as the first respondent and General Masemola as the second respondent, asks the court to declare the withdrawal of the charges unlawful, irrational, and inconsistent with the Constitution.
General Masemola was placed on precautionary suspension by President Cyril Ramaphosa after being criminally charged by the Independent Directorate Against Corruption (IDAC).
He faced four counts of contravening Section 38 of the Public Finance Management Act (PFMA).
The charges stemmed from allegations that he failed to exercise adequate oversight over a controversial R228-million SAPS medical services tender awarded to Medicare24 Tshwane District, a company owned by Vusimuzi “Cat” Matlala. Investigators noted that at least R50 million had already been paid out before the contract was ultimately cancelled due to procurement irregularities.
However, on 15 September 2026, NDPP Andy Mothibi ordered the withdrawal of all charges following a comprehensive case review.
The National Prosecuting Authority (NPA) cited a report from a Case Assessment Panel and independent Senior Counsel, concluding that there were no reasonable prospects of securing a successful prosecution. The charges were formally withdrawn in court on 22 September 2026.
In his founding affidavit, Fadiel Adams—leader of the National Coloured Congress (NCC)—argues that there is no rational connection between the evidence available to the state and the NDPP’s decision to halt the prosecution.
Adams’s application highlights extensive evidence indicating that Masemola had been explicitly warned about the tender irregularities before it was officially awarded.
The affidavit references WhatsApp communications and internal SAPS statements from Major General Fred Kekana and Major General Senobea Julie Hankins.
According to Adams, these documents were readily available in the prosecution docket and clearly illustrated that Masemola was aware of the alleged fraud and manipulation but failed to act.
Adams maintains that the decision to drop the charges “cannot stand” under constitutional scrutiny. He has indicated plans to supplement his review grounds once the respondents hand over the full internal record of the decision-making process.
The high-profile legal challenge unfolds while Adams himself faces unrelated legal battles.
He is currently facing charges of fraud and defeating the administration of justice in the Pinetown Regional Court, where a pre-trial conference is scheduled for 16 October 2026.
Adams has publicly claimed that his own arrest is part of a coordinated effort by law enforcement figures to silence his anti-corruption advocacy.
Meanwhile, General Masemola has expressed profound relief following the withdrawal of the case, describing the ordeal as a painful journey for his family.
While political bodies like the South African Communist Party (SACP) have called for his immediate reinstatement, President Ramaphosa has stated that lifting the police chief’s suspension remains under formal consideration.
The High Court will now be required to determine whether the NDPP acted within its constitutional mandate or if the decision to clear the country’s top cop must be entirely undone.
