Referred to as: General Masemola · Commissioner Masemola · Fanie Masemola · General Fanie Masemola
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Advocate Baloyi SC asserted that the charges against General Masemola lacked good faith intention to prosecute and were a scheme to force an appearance in court and cause his removal from office.
“there was no good faith intention to prefer a charge because it is justified, it is supported by the facts. This was just a scheme to get him arrested or present to court, to have him appear in court and the purpose is achieved just by that fact alone.”
Advocate Johnson denied any ill intent or scheme in charging General Masemola, stating that prosecutors evaluated the case in its totality and firmly believed in the PFMA charges, though acknowledging the connection/link between charges was not drawn.
“at no stage was there an intention to make a spectacle of anything. The prosecutors looked at the case in its totality. And as I explained this morning, it relates to, I accept, the only part that I do accept is they did not draw the link between the two. That in itself does not make the conduct malicious and there was no intent to put him on show.”
The Chairperson and Advocate Sello SC asserted that General Masemola could not legally be joined with co-accused charged with fraud and corruption under Section 155(1) or Section 156 of the Criminal Procedure Act, and Advocate Johnson conceded the point.
“Surely in charging General Masemola together with people charged with fraud and corruption, you did not rely on section 155(1). I must be correct in that view.”