Among the most important powers the constitution bestows on the head of state is to appoint the national police commissioner.
In a crime-ravaged society like South Africa, that and the power to suspend or dismiss a national police commissioner are weighty responsibilities that must be exercised with care and clarity of thought.
The pictures of an incumbent police commissioner in the dock, facing charges of breaching the same Public Finance Management Act (PFMA) he is supposed to adhere to at all costs, are haunting for the police force, whose image has been battered since KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi exposed a criminal network that appears to have captured high-ranking officials in the service.
The appearance of Fannie Masemola in the dock is a watershed moment that requires a clear position from President Cyril Ramaphosa.
It is unsettling to have the country’s most senior police officer appear alongside hardened criminals such as Vusimuzi “Cat” Matlala, as he did on May 13. The court will now have to determine Masemola’s role in the awarding or approval of multimillion-rand payments made to a company linked with Matlala — a matter that has ensnared several police officials on corruption charges.
If the president feels the charges Masemola faces don’t warrant a leave of absence, he must take the nation into his confidence on why that is the case. Silence on the matter from the president would be tantamount to dereliction of duty, since Masemola’s moral and ethical authority to lead members of the police service has been all but destroyed.
Masemola’s denial of wrongdoing is an important consideration, but that is not enough to keep him in office. His position is too important to be besmirched by such a process arising from his alleged failure to safeguard the public purse.
There can be no “business as usual” when South Africa’s top law enforcement official has been criminally charged. His position has become untenable, and any possible harm or prejudice to him is superseded by public interests and the protection of the integrity of the police.
Suspensions from duty are no reflection on the guilt or otherwise of employees. They are usually effected to allow for a proper and thorough investigation and to protect the image of the employer. A lot is at stake for the president to not take a clear and unflinching stance on this serious matter of national interest.
Should he wish to protect the integrity of the men and women he leads, Masemola must also consider his position and reflect on what the charges mean for his standing in society.
The peril, of course, for him is the lengthy and often numerous delays plaguing the courts. In an ideal world, there should be swift justice in this matter — unlikely as that is — and the position Masemola holds demands decisive action by the president.
While others in society would have us believe that facing charges related to breaches of the PFMA are a lesser evil than corruption charges, this is not the standard to which we hold the country’s most senior police official.
Masemola’s position is too important to procrastinate when he is facing serious charges, which amount to failure to protect the public purse.
The charges levelled against Masemola give him an opportunity to clear his name, with the onus being on the NPA to prove that his conduct merited criminal charges. An open court process will also give the public confidence that no-one is above the law and that adhering to the prescripts of the PFMA is non-negotiable.
It will send a stern warning to his subordinates and others in similar positions, reminding them of the consequences of failing to adhere to such key legislation in public sector governance.
Too much is at stake, and the work to clean up the image of the police service is too important, for a commissioner of police charged with failing in one of his basic responsibilities to remain in office. The president must take the country into his confidence on the future of the police commissioner. Nothing less will do.
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