By Levy Masiteng
The criminal case against Johannesburg Development Agency (JDA) chief executive Themba Mathibe was struck off the Alexandra Magistrate’s Court roll on Tuesday after the State failed to finalise its investigation within the time granted by the court.
Mathibe appeared on charges of fraud and corruption linked to alleged procurement irregularities at the Johannesburg Social Housing Company (JOSHCO), where he has also served as acting chief executive.
The State sought a further postponement to complete outstanding investigations, including the downloading and analysis of electronic devices seized during the probe. Prosecutors told the court that investigations had not been finalised and that additional time was needed to complete forensic processes.
However, Magistrate Samuel Mashaba rejected the request, noting that the National Prosecuting Authority (NPA) had already been granted about five months since Mathibe’s first court appearance in January to conclude investigations and gather evidence.
The defence opposed the postponement application, arguing there was no justification for keeping the matter on the court roll while investigations remained incomplete.
After considering submissions from both parties, the court found there was no reason to keep the matter on the roll pending the completion of investigations and struck the case off the roll.
In a statement issued after the ruling, NPA Gauteng Division spokesperson Magaboke Mohlatlole said the prosecuting authority was engaging with the South African Police Service (SAPS) to expedite outstanding investigations with a view to re-enrolling the matter as soon as reasonably possible.
“The National Prosecuting Authority (NPA) is engaging with SAPS to expedite outstanding investigations with a view to re-enrol the case as soon as it is reasonably possible,” Mohlatlole said.
The NPA said the case stems from the discovery of R321,000 in cash at Mathibe’s residence during a search-and-seizure operation linked to an ongoing corruption investigation at JOSHCO.
Mohlatlole said the investigating officer had been present in court to motivate for a further remand to allow investigations to continue.
The NPA also expressed concern that no formal enquiry had been conducted in terms of Section 342A of the Criminal Procedure Act, which deals with unreasonable delays in criminal proceedings.
“The NPA notes with concern that no formal enquiry was held to investigate the reasonableness of the delay as required by the law,” Mohlatlole said.
He stressed that the court’s decision did not amount to an acquittal and did not prevent the State from pursuing the matter further.
“However, 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,” he said.
Mathibe was arrested in January following raids at JOSHCO’s offices and his home after police linked him to alleged procurement irregularities at the entity.
The case has also been linked to allegations involving a payment of about R1 million for a wall at the Moffat View Old Age Home that was allegedly never built.
According to reports by Eyewitness News earlier this year, Mathibe allegedly approved payment to a subcontractor who submitted photographs of a wall constructed elsewhere as proof that work had been completed at the facility.
JOSHCO previously said the service provider involved had been blacklisted from conducting further work for the entity and that the project manager linked to the alleged misrepresentation had admitted to misconduct during questioning.
The NPA said it would continue working with investigators to complete the outstanding forensic analysis before deciding on the next steps in the prosecution.
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