General Masemola

General Masemola provided an affidavit supporting the application indicating relocation of offices, which was also sent to the ID.

“Page 92 of 276 by General Masemolain support of the application, indicating that he had lifted their relocation to other offices and that affidavit as well was given to the ID”

A Member of Parliament alleged that General Khumalo and senior managers, together with General Lushaba, abused COVID funds, and that General Masemola might be involved in some of these allegations.

“… the very last paragraph, it says and further suspects, this is the Member of Parliament, he makes the allegation about General Khumalo, senior managers, together with General Lushaba, for abusing COVID funds … and further suspects that the National Commissioner, General Masemola, may be involved in some of these allegations.”

Mr Adams may have made a statement alleging the involvement of General Masemola in the COVID fund abuse, but Mr Raphesu cannot recall or denies this.

“Do you recall Mr Adams saying that in your consultation? ... I cannot recall this part, but also I can dispute that it might have been said.”

ADV Johnson and Mr Perumal launched an orchestrated attack on General Masemola and General Khumalo using IDAC's investigation tools.

“Advocate Johnson and Mr Perumal launched an orchestrated attack on General Masemola and General Khumalo, using IDAC 's powerful investigation tools . And this wil l become evident in my statement and testimony.”

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.”

The charges against General Masemola and other accused arise from serious complex corruption and commercial crime in the Medicare matter.

“But they all arise out of the serious complex corruption and commercial crime matter, which is the Medicare matter.”

General Matlou from Police Risk Audit alerted the National Commissioner to unlawful corruption in the Medicare contract and advised him as Accounting Officer to stop the contract and payments.

“General Matlou, from the Risk Audit of the police, brought it to the attention of the then Commissioner to say that there is these offences taking place. There is unlawfulness happening in this contract, and Commissioner, as the Accounting Officer, you need to stop the contract, and therefore stop, it would therefore stop the payment.”

General Masemola failed to act promptly as Accounting Officer, resulting in approximately R50 million being paid out under unlawful and corrupt activities before the contract was stopped.

“It took him a long time to do so, and what then happened is, in not acting in terms of his duties as the Accounting Officer, to act promptly, to act diligently, monies were in fact then paid out because of these unlawful, corrupt activities in the approximate value of R50 million and then the contract was stopped.”

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 was joined as a co-accused to a trial involving other individuals charged with fraud and corruption, despite Masemola not being charged with fraud or corruption himself.

“General Masemola ought not to have been lumped together with these accused persons that are charged with fraud and corruption. Bear in mind that yesterday you accepted already that General Masemola is not complicit in fraud and corruption.”

Adv Johnson accepts that General Masemola will suffer legal prejudice from being tried jointly with accused persons who are facing fraud and corruption charges.

“I accept that.”

The Chairperson suggests that General Masemola was joined to the fraud and corruption matter deliberately to embarrass, taint, and publicly associate him with fraud and corruption charges.

“At face value, it seems to me that this must have been done to embarrass him, to taint him and to make the public or to cause the public to see him as also being complicit in fraud and corruption.”

Adv Johnson denies there was any intention to embarrass General Masemola by joining him to the case, stating prosecutors joined him to lead evidence together regarding PFMA statutory offences and complex fraud.

“I gave the contention that I did, that the prosecutors put him in one matter because there is this serious complex fraud corruption and it would be one matter when they lead the evidence with the PFMA... but at no stage, Chair, was there an intention to embarrass.”

Adv Johnson confirms that prosecutors made the decision to add General Masemola as a co-accused, and that he participated in the briefing discussion regarding whether Masemola would be charged jointly or separately.

“Yes, the prosecutors take the decision. When we were briefed, we agreed that he is charged only for the PFMA.”

Advocate Sello SC asserted that under section 38(1)(a)(iii) of the PFMA, General Masemola's legal obligation as Accounting Officer is to ensure SAPS maintains an appropriate, fair, and competitive procurement system under section 217 of the Constitution.

“Section 38 of the PFMA prescribes that: “The Accounting Officer for a department, trading entity or constitutional institution - (a) must ensure that the department, trading entity or constitutional institution has and maintains …” And I will go to (iii): “… an appropriate procurement and provisioning system which is fair, equitable, transparent, competitive and cost-effective.” On a reading of that you would agree with me that that is the responsibility that General Masemola bears.”

General Matlou submitted a referral affidavit indicating that she initiated a criminal investigation into the unlawful awarding of a tender to Medicare 24, which resulted in a contract that General Masemola subsequently terminated.

“General Matlou had indicated that she was initiating a criminal investigation into the unlawful awarding of a tender to Medicare and if one has regard to 6, we learned that, 7, we learned that Medicare 24 was awarded that tender and resulting in a contract being concluded. And at 8 we learned that General Masemola terminated that contract.”

General Masemola terminated the Medicare 24 contract on 15 May based on the findings and advice of an Internal Audit report that was made available to him prior to that date.

“that internal audit report that General Matlou references at her paragraph 5, as I understand things it is what gave General Masemola the basis to terminate. ... So he acted upon the advice of Internal Audit seemingly.”

Advocate Khumalo SC asserted that Count 2 against General Masemola incorrectly misapplies section 38(1)(d) of the PFMA, because under section 38(1)(f) SAPS was legally obligated to pay invoices and honor purchase orders while the contract remained active.

“Because if you look at (f), (f) says he must settle all contractual obligations and pay all monies owing. So for as long as the contract was alive, he had an obligation to pay Medicare 24. So (d) deals with something completely different, so breach of (d) is not consistent with count 2, because count 2 is about management of, it is about maintenance and management of assets.”

IDAC only became aware of the findings and basis for General Masemola's termination of the contract on 26 June 2026 upon receipt of a 284-page affidavit by General Matlou.

“findings only came to the attention of IDAC on the 26th of June 2026... that was by way of a further affidavit by General Matlou dated the 26th of June 2026... So officially for purposes of investigation, that is the first time IDAC even becomes aware of the basis on which General Masemola eventually had to terminate on the 5th of May 2025.”

General Masemola terminated the SAPS contract with Medicare on or about 15 May 2025 following advice from General Matlou, by which time SAPS had suffered approximately R50 million in financial prejudice.

“having advised the National Commissioner to terminate the contract with Medicare to save the SAPS from irreparable harm and to diminish the financial prejudice being suffered by the SAPS, General Masemola ultimately terminated the contract with Medicare on or about the 15th of May. By that time, SAPS had suffered prejudice of approximately 50 million.”

There is an allegation that IDAC actively participated in a well-coordinated attack against General Mkhwanazi, General Masemola, and General Khumalo, which Adv Johnson denies.

“there was an allegation that IDAC actively participating in a well-coordinated attack against General Mkhwanazi, General Masemola and General Khumalo, are you aware of it? You said you have heard of that allegation, but there is no truth to it.”

IDAC's flawed process and faulty section 27 referral created a risk that jeopardized the ongoing prosecution.

“So because of the approach that IDAC has adopted, that running roughshod over everything, there is a serious risk, and I put it no higher than that, that it may have placed in jeopardy the very prosecution that is currently being pursued.”

Adv Sello SC and Adv Johnson discussed a preliminary internal audit report (marked CJC399 starting at 3818) submitted in Exhibit File 9A, received alongside General Matlou's section 27 statement.

“you indicated that there was a preliminary internal audit report that had been availed. I confirm a document has been availed to the Commission.”

Sergeant Nkosi reported that Suneel Bellochun led a team of nine IDAC investigators on 13 July 2026 to meet him without his attorney to solicit testimony implicating Generals Khumalo and Masemola.

“The third we dealt with in this hearing, which is by Sergeant Nkosi, of Mr Bellochun leading a team of nine, let me say people, investigators and maybe others, from IDAC of the 13th of July 2026, to meet with him in the absence of his attorney and to solicit, again, it is my own summary, testimony from him that would implicate Generals Khumalo and Masemola.”

General Masemola and General Mkwanazi allegedly received Louis Vuitton bags from a SAPS supplier.

“dockets in respect of investigations into General Masemola's and General Mkwanaz's alleged receipt of the Louis Vuitton bags from a SAPS supplier.”

Information received anonymously around early October 2024 alleges fraud and corruption by General Masemola, National Commissioner of the South African Police Service, and other senior SAPS generals.

“On or about early October ’24, I received information anonymously surrounding alleged fraud and corruption perpetrated by General Masemola, National Commissioner of the South African Police Service, and other senior Generals of SAPS.”

General Masemola was identified as a person of interest much later in the investigation under section 27, indicating that there were more investigations in addition to section 27 before adjudication.

“General Masemola is identified as a person of interest much later on in the investigation”

There is an allegation that IDAC is actively participating in a well-coordinated attack against General Mkhwanazi, General Masemola, and General Khumalo.

“There is an allegation that IDAC actively participating in a well-coordinated attack against General Mkhwanazi, General Masemola, and General Khumalo.”

ADV Johnson denies the truth of the allegation but acknowledges there are criminal matters in IDAC's scope and there was no sufficient evidence to arrest the generals mentioned.

“I have heard the allegation. There is no truth to the allegation. ... We did not do that because there was not sufficient evidence in the matters we have.”

The affidavit alleges that the procurement processes for a tender to Medicare Tshwane 24 may have been flouted or manipulated to the undue advantage of Medicare and its sole director Vusimuzi Matlala, with possible corruption and money laundering causing prejudice of approximately 50 million to SAPS.

“I reasonably suspect that procurement processes may have been flouted or manipulated to the undue advantage of Medicare. I also suspect that corruption and money laundering may also have been perpetrated to the prejudice. ... I have advised the National Commissioner, General Masemola of the SAPS that he should consider terminating the contract... General Masemola ultimately terminated the contract with Medicare on or about the 15th of May 2025. By that time, SAPS had suffered prejudice of approximately 50 million.”

The charges against General Masemola involve failure to comply with provisions of section 38 related to gross negligence, and the investigations found issues unrelated to the initial allegations in the section 24 referral.

“they found other issues that they decided unrelated to the allegations made in the section 24 referral, they happen across other matters, all of which reflect gross negligence or, ja, gross negligence on his part for failing to comply with the provisions of section 38, the specific provisions”

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”

General Masemola is charged with failure to discipline employees (count 4) under section 38(1)(h)(i),(ii),(iii), which relates purely to statutory offenses and not corruption or collusion, differentiating him from others accused of corruption.

“count 4 is about failure to discipline employees. You are charging him under that section 38(1)(h)(i),(ii),(iii). All of them relate to failure to discipline. He has been joined to the case against the others but stands alone because he is not accused of corruption. The others, it is corruption, as I understand.”

On the afternoon of 13 July 2026, IDAC staff investigators visited Fannie Nkosi to implicate General Masemola and Lieutenant General Khumalo by claiming a relationship between them and Mr Matlala.

“members of the IDAC staff investigators visited Mr Fannie Nkosi to get him ... to implicate General Masemola and Lieutenant General Khumalo by claiming that there is a relationship between the two and Mr Matlala.”

No fruitless or wasteful expenditure or unauthorized expenditure is alleged against General Masemola in the charge sheet; expenditure was budgeted for and properly defined under PFMA.

“there is no fruitless and wasteful expenditure that you are alleging, at least in the charge sheet. There is no unauthorized expenditure ... It is budgeted for”

The complaint alleges that nine IDAC officials conducted a prison interview with Sergeant FEN Kosi to obtain demanded information about connections between Vusimuzi Matlala, National Commissioner General Masemola, and Lieutenant General Khumalo as part of investigations into the Medicare 24 contract.

“upon or about the 3th of July 2026, a delegation comprising of nine IDAC officials visited our client in prison ... to conduct an interview with him in relation to ongoing investigations ... regarding ties between Vusimuzi Matlala, National Commissioner, General Masemola and Lieutenant General Khumalo”

General Masemola was not under investigation at Ad Hoc in November 2025 but became subject to investigation later on.

“At the time when I was at Ad Hoc, he was not the subject of the investigation. ... And it is much, much later on in the investigation that it came to my attention that he is now a subject of the investigation.”

General Masemola’s involvement in corruption related to the contract became known to IDAC only after November 2025.

“General Masemola’s involvement in the corruption relating to the contract came to the fore in so far as IDAC is concerned, only after November 2025.”

There were no investigations into General Masemola and General Mkhwanazi in November 2025 apart from inherited matters from IPID.

“apart from those inherited matters from IPID , there are none.”

ADV SELLO SC suggested there was a coordinated attack by IDAC against Generals Masemola, Khumalo and Mkhwanazi in November 2025, which Advocate Johnson initially denied.

“Mr Nqola asked you whether there is a coordinated attack by IDAC against Generals Masemola, Khumalo and Mkhwanazi, and I think it was Ms Sangoni as well asked about the investigations against Masemola and Mkhwanazi and you said there was nothing at the time. This is November 2025.”

General Masemola was served with a charge sheet dated 6 March 2026 related to the case involving Mr Matlala.

“chargesheet is dated 6-03-2026 at the bottom... summons was duly served and explained to General Masemola on Wednesday the 25th of March 2026”

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”

General Masemola is charged with gross negligence for failing to comply with PFMA section 8(1)(d) by failing to manage SAPS contractual liabilities and stopping acceptance of orders from Medicare 24.

“Count 2 ... General Masemola was grossly negligent in that he failed to comply with PFMA section 8(1)(d) in that he failed to manage contractual liabilities of SAPS by failing to stop the acceptance of orders from Medicare 24”

General Masemola was grossly negligent in failing to comply with the Act to manage liabilities resulting in payments to Medicare 24, and breaching provisions by failing to ensure Medicare 24 Tshwane was properly screened and tax compliant.

“he was grossly negligent in failing to comply with the Act to manage those liabilities... in that he failed to ensure that Medicare 24 Tshwane was properly screened and tax compliant”

General Masemola was negligent in failing to comply with PFMA sections requiring disciplinary steps against SAPS officials involved in unlawful procurement, failing to act against them.

“Count 4 ... he was negligent in that he failed to comply with the PFMA to take effective and appropriate disciplinary steps against officials in SAPS involved in unlawful procurement”

Sergeant Nkosi is not an accused in the matter Mr Matlala is charged with by IDA Con, but General Masemola has been added as an accused.

“it is late in the day and perhaps I speak under correction, Sergeant Nkosi is not an accused in the matter that Mr Matlala is charged by IDA Con, on which General Masemola has been added as an accused”

General Masemola is already an accused in the trial related to the contract for which he is standing trial, and evidence is being solicited against General Khumalo and General Masemola.

“General Masemola is already an accused in that trial, and the evidence solicited in respect of the very contract for which he now finds himself standing trial”

Advocate Johnson is not aware of General Masemola's name having come up in respect of corruption on a corruption charge related to Mr Matlala and specifically the Medicare contract.

“are you aware of his name having come up in respect of corruption, on a corruption charge between, that relates to Mr Matlala and in particular the Medicare contract? No, ma'am”

It appears that Mr Bellochung searched to find dirt that could be used against General Masemola and General Khumalo without foundation in investigations.

“Until Mr Bellochung gives us an explanation on the face of it, it looks like he went about searching to find some dirt that could be used against General Masemola and General Khumalo when there is no foundation for it in any of his investigations. That is what it looks like.”

General Khumalo's vetting processes were allegedly fast-tracked by General Masemola who knew Khumalo did not have a top secret clearance for many years, potentially indicating unlawful conduct.

“Khumalo's vetting processes were allegedly fast-tracked by Masemola, who knew that Khumalo did not have a top secret clearance for many years. I suspect that the vetting processes were manipulated in favour of Khumalo as well.”

The fast-tracking of vetting by Commissioner Masemola may constitute fraud since certain processes like background, financial and other checks cannot happen in three days, indicating potential contravention.

“The likelihood ... is that in the manner in which it is done, there could be fraud having been committed, because there are certain processes that happen and it cannot happen in three days. There is checks ... it would mean either something fraudulent happened... the bypassing of the vetting would be a contravention then in terms of the intelligence services.”

It is suggested that IDAC is preparing charges and an arrest for former Minister Bheki Cele and General Masemola for General Khumalo's vetting shortcomings.

“IDAC is preparing to charge and arrest former Minister Bheki Cele and General Masemola for General Khumalo's own vetting shortcomings.”

Advocate Johnson does not currently have the cases but agrees logically charging former Minister Bheki Cele and General Masemola for Khumalo's vetting failures should follow.

“I am not vested with the cases at the moment, but that logic does follow.”

It is inappropriate to investigate and potentially arrest former Minister Bheki Cele and General Masemola solely for General Khumalo's lack of vetting clearance without evidence that Khumalo lacked clearance, a prerequisite for his appointment.

“Is it appropriate to follow that line of investigation, culminating in potential charges and arrest, based on what you have at 3475? No, unless they fall within other offences that are not here. It does not have other offences thus far.”

General Masemola, the National Commissioner at the time, declassified classified documents related to promotion appointment dockets, personal files, vetting files, and secret service accounts, which helped confirm certain allegations.

“The National Commissioner at that moment was General Masemola. He declassified all those documents, and there were quite a number of files that he brought to us.”

Mrs Hongwemp did not report the matter to the Ad Hoc Committee but spoke about it during questioning of General Masemola.

“I did not, I would not use the word report it. But when I went to the committee on that day, I spoke about it when I was questioning General Masemola.”

Mrs. Hongwe P states that General Masemola, the National Commissioner of Police at the time and witness before the Ad Hoc Committee, did not follow up or make any enquiries about the call made to her including an offer from General Khan.

“the person you were talking to at that point was General Masemola ... he is the National Commissioner of Police ... Did he follow up and make any enquiries about this call that was made to you with this offer from General Khan ? ... It is only the Madlanga Commission that has spoken to me about this matter, apart from my political party ... I did not even see a need to open a case or do anything further ...”

O'Sullivan forwarded a formal complaint to General Masemola, the then Commissioner of Police, on 1 July 2023, concerning allegations related to General Khan's involvement with illicit tobacco trade associates.

“I write to the new, or then relatively new, Commissioner of Police, which is General Masemola, on the 1st of July, ... I am forwarding the original email that I have sent two years earlier .”

Major General Mokotedi was appointed as Provincial Head of DPCI despite being found wanting and lacking security clearance, and instead of being dismissed, he was moved sideways within the police service.

“Major General Mokotedi was the Provincial Head of DPCI ... you are appointed as Provincial Head of DPCI and then you are found wanting and you do not have security clearance ... instead of him being dismissed, he was just moved sideways into the Police Service from DPCI.”

General Masemola did not promptly act on the DPCI judge's report and Major General Mokotedi remained on the taxpayers' payroll, not working, for about two years before finally leaving the service towards the end of 2024.

“General Masemola did not lift a finger to deal with the DPCI judge's report ... General Mokotedi only finally left the service towards the end of 2024, which means he sat on the payroll, the taxpayers' payroll, for a further two years, twiddling his thumbs. He was not working.”

General Lebeya unlawfully agreed with General Masemola to move Major General Mokotedi from DPCI to SAPS instead of dismissing him, effectively moving the problem rather than solving it.

“Instead of dismissing him, General Lebeya unlawfully agreed with General Masemola that he could simply be moved from DPCI to SAPS. So, that is moving the problem instead of removing the problem.”

General Masemola failed to take action against Major General Mokotedi as recommended by the DPCI judge's report issued in 2022.

“General Masemola failed to take action.”

The DPCI judge's report made findings largely concerning the conduct of Major General Mokotedi and recommended action against him to National Commissioner General Masemola, not against General Phahlane.

“The DPCI judge's report makes findings, is in large part concerning the conduct of Major General Mokotedi and makes findings as you have tabulated them at page 14 ... deserves the attention of National Commissioner General Masemola ... was action invited to be taken against Major General Mokotedi and not General Phahlane ... I do not mention General Phahlane.”

A letter demanding urgent suspension of persons charged with corruption was sent to Commissioner Masemola, but no suspensions have occurred.

“we have taken that media briefing of General Mkhwanazi, and ... we have sent a very strong letter to Commissioner Masemola ... demanding that these people be urgently suspended, because they have all been charged with corruption ... No one has been suspended. To this very day no one of them has been suspended.”

Mr O'Sullivan was named by General Mkhwanazi because he called for the suspension of five Generals and two Brigadiers, having no knowledge of the drug cartels and other implicated parties until hearing about them in the media.

“I had no knowledge of what was going on until I heard about it in the media . But for him to name me, why was he naming me ? ... I got my attorneys to write a letter to General Masemola and demand that these five Generals and two Brigadiers be suspended . That is why I was named .”

Mr Mogotsi asserts that General Khumalo or Masemola were never subjected to harsh questioning like General Sibiya or others.

“even when General Khumalo or Masemola were here, they would never be subjected to this harsh questioning like you do on General Sibiya or others.”

Sergeant Nkosi sent information about serious allegations against Generals Khumalo and Masemola to Mr Mampane to keep him informed because he shares Mr Mampane's concern about police corruption and criminal conduct.

“I was just sending them just to be knowledgeable that this is what is currently happening and not so forth”

General Khumalo and General Masemola are accused of corruption, fraud, and theft of crime intelligence funds.

“General Khumalo and Masemola are accused of corruption, fraud , and theft of crime intelligence funds”

Sergeant Nkosi sent various reports and investigations about General Khumalo and General Masemola, including one with no mention of General Mkhwanazi, to Mr Motsumi.

“You see that the "ID guns for National Police rogue unit", you also sent that to Mr Motsumi... Page 574.. Just about an investigation into General Masemola and General Khumalo for fraud... but one does not mention General Mkhwanazi.”

Lt-Gen Sibiri shared various negative and disparaging articles about specific SAPS personnel, including ones related to General Masemola, General Khumalo, Mr Matlala, and others.

“in the main, what is shared is only negative and disparaging articles about specific people within the SAPS... all those from page 116 all the way to 26 is basically that article related to General Mosikili... there is a very long piece on Mr Matlala and various allegations that have been made against him or incidents that were linked to him... there is an article related to the PKT and the implication of police officers in the killing of Sindiso Magaqa... there are allegations made against General Khumalo”

Lt-Gen Sibiri acknowledged seeing a breaking news article about Generals Masemola and Khumalo for the first time and inquired about its truthfulness on the morning his cell phone was stolen.

“This was the first time I saw it. That is why I asked, is it true... This was the morning when your cell phone was stolen”

Sergeant Nkosi sent Lt-Gen Sibiri multiple articles via chat messages concerning General Masemola, Lt-Gen Khumalo, Mr Matlala's tender, the Tembisa hospital scandal, the death of Babita Deokaran, the cancellation of Mr Matlala's tender, and an internal SAPS audit related to it.

“Sergeant Nkosi sends you an article related to... General Masemola and Lt-Gen Khumalo... Mr Matlala's tender... linked to the Tembisa hospital scandal and the death of Babita Deokaran... media enquiry related to the tender and cancellation of the tender, as well as an internal audit conducted by SAPS”

Media articles related to four themes involving generals and Musa Kawula were shared, including General Khan's disciplinary issues, General Khumalo and Masemola, Mr. Matlala and his contract, and issues about Musa Kawula's arrest or warrant.

“The media articles that I found related to, on one is the issue of General Khan and his disciplinary. Two, General Khumalo and, to a lesser extent, General Masemola. Three, Mr Matlala and his contract. Four, they relate to the arrest or warrant against Musa Kawula.”

Articles about generals Khumalo, Mkhwanazi, Masemola predominate Lieutenant-General Shibiri's chats with Sergeant Nkosi, with only one article about General Mosikili.

“In your chats with Sergeant Nkosi... they are predominantly about Generals Khumalo, Mkhwanazi and Masemola. There is only one about General Mosikili.”