The fraud and money laundering case against Johannesburg Development Agency (JDA) and Johannesburg Social Housing Company (JOSHCO) chief executive Themba Mathibe has suffered a dramatic setback after the Alexandra Magistrate’s Court struck the matter off the roll, citing the State’s failure to conclude its investigations.
In a ruling that dealt a significant blow to prosecutors, Magistrate Samuel Mashaba dismissed the National Prosecuting Authority’s (NPA) request for additional time to complete its case, saying investigators had already been given sufficient opportunity to finalise the docket.
“The State has already been granted a five-month extension to finalise its docket. This was more than enough time to wrap up investigations, and the court will not tolerate further unreasonable delays,” Mashaba said.
The NPA had argued that outstanding investigations still needed to be completed before the matter could proceed to trial. However, the court found that the prolonged delays could no longer be justified.
Mathibe’s legal troubles began when members of the South African Police Service (SAPS) conducted a raid at JOSHCO offices as part of an investigation into alleged financial crimes. Following the operation, police arrested Mathibe at his residence, where he was allegedly found with a substantial amount of cash.
The high-profile executive was subsequently charged with money laundering and appeared before the Alexandra Magistrate’s Court. He was granted bail of R50,000 and released under standard bail conditions pending the continuation of the case.
At the time, the matter attracted widespread attention due to Mathibe’s influential position within the City of Johannesburg’s entities. As chief executive of JOSHCO, he oversees one of the country’s largest social housing institutions responsible for providing affordable accommodation to thousands of residents. He also serves as the head of the Johannesburg Development Agency, the municipal entity tasked with driving infrastructure development and urban renewal projects across the city.
The court’s decision to remove the matter from the roll does not amount to an acquittal. Instead, it means prosecutors may re-enrol the case should they gather sufficient evidence and complete the outstanding investigations.
For now, however, the ruling marks a major victory for Mathibe and a significant embarrassment for the State, which has been criticised for failing to bring the matter to trial despite being granted several months to prepare its case.
