Referred to as: PFMA · Public Finance Management Act
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General Masemola faces four charges based on the Public Finance Management Act (PFMA).
“that stemmed from a question put to you by Commissioner Baloyi and that question concerned the four counts that General Masemola is charged with, all of which are based on the Public Finance Management Act, or the PFMA as it is usually called.”
Advocate Johnson clarified that the prosecution does not allege General Masemola was a party to the corruption itself, but charges him under the PFMA for failing to stop matters he became aware of.
“It is so, Chair, we never said that he was party to the corruption, but he is being charged then for the PFMA arising out of those matters that he had become aware of, and that we say he then did not stop”
General Masemola is not accused of corruption in relation to the failure to discipline employees under count 4, charged under section 38(1)(h)(i),(ii),(iii) of the Public Finance Management Act; his offense is a statutory infringement.
“he is in fact a standalone because he is not accused of corruption”
Charge Count 1 alleges General Masemola failed to take effective and appropriate steps to prevent unauthorized, irregular, or fruitless and wasteful expenditure and losses resulting from criminal conduct regarding the tender as per Public Finance Management Act.
“Count 1 ... alleges that General Masemola failed to take effective and appropriate steps to prevent unauthorized, irregular, or fruitless and wasteful expenditure and losses resulting from criminal conduct regarding the tender”