The National Prosecuting Authority (NPA) says it intends to re-enrol the case against acting Johannesburg Social Housing Company (JOSHCO) chief executive Themba Mathibe after the Alexandra Magistrate’s Court struck the matter off the roll due to outstanding investigations.
The development comes after the court refused the State’s request for additional time to finalise its investigation, finding there was no basis for the matter to remain on the court roll while inquiries were still ongoing.
In a statement issued, the NPA said it was engaging with the South African Police Service (SAPS) to expedite outstanding investigations with a view to re-enrolling the matter “as soon as it is reasonably possible”.
The case stems from the discovery of R321 000 in cash at Mathibe’s residence during the execution of a search-and-seizure operation linked to an ongoing corruption investigation at JOSHCO.
“The State alleges that Mathibe failed to provide a satisfactory explanation for the possession of the cash,” the NPA said.
During the latest court proceedings, prosecutors informed the court that investigations had not yet been completed and sought a further postponement to finalise outstanding forensic processes.
According to the NPA, investigators still needed additional time to download and analyse electronic devices seized during the investigation.
The defence opposed the application, arguing that there was no basis for the matter to remain on the court roll while investigations were incomplete.
“The prosecutor informed the court that the investigating officer was present in court to substantiate the application for a further remand for investigations,” the NPA said.
After hearing submissions from both parties, the Alexandra Magistrate’s Court found there was no reason to keep the matter on the roll pending the completion of investigations and struck it off.
However, the NPA has expressed concern about the manner in which the decision was reached.
The prosecuting authority said no formal enquiry was conducted in terms of Section 342A of the Criminal Procedure Act, which provides for an assessment of whether delays in criminal proceedings are unreasonable.
“The NPA notes with concern that no formal enquiry was held to investigate the reasonableness of the delay as required by the law,” the authority said.
Despite the setback, prosecutors stressed that the court’s decision does not amount to an acquittal and does not prevent the State from pursuing the matter in future.
“The striking of a matter off the roll does not constitute an acquittal and does not preclude the State from re-enrolling the matter once investigations have been finalised and a decision to prosecute has been taken,” the NPA said.
Mathibe’s arrest attracted significant public attention due to his leadership roles within key City of Johannesburg entities.
He serves as acting chief executive of JOSHCO, one of South Africa’s largest social housing institutions, and has also held leadership positions within the Johannesburg Development Agency (JDA), the municipal entity responsible for infrastructure development and urban renewal projects across the city.
Mathibe was previously granted bail of R50 000 following his arrest.
The NPA said it would continue working with SAPS to finalise the outstanding investigations before making a decision on the next steps in the matter.
