The National Prosecuting Authority (NPA) is pushing the police to fast-track investigations into Johannesburg Development Agency (JDA) boss Themba Mathibe after his fraud and money laundering case was struck off the roll.
The Alexandra Magistrate’s Court struck Mathibe’s case off the roll on Tuesday morning after the state failed to finalise its investigation within the time granted.
Magistrate struck Mathibe’s case off roll pending investigations
Authorities nabbed the JDA CEO after they discovered R321 000 in cash at his residence during a search-and-seizure operation linked to an ongoing corruption investigation at the Johannesburg Social Housing Company (Joshco).
Mathibe was allegedly unable to give convincing reasons for having the money.
During the proceedings, the state told the court that investigations were not completed and asked for more time to finalise outstanding forensic processes.
The state wanted extra time to download and analyse electronic evidence from devices seized during the investigation.
The defence opposed the request, arguing that there was no basis for it to remain on the court roll while investigations were still ongoing.
The prosecutor then told the court that the investigating officer was present in court to substantiate the application for a further remand for investigations.
Court rolls jam-packed – magistrate
After the submissions, the magistrate remarked that he remanded the case for almost five months to allow them more time to finish their investigation.
“In fraud cases, it seems like we arrest first, and then we do the investigation,” he said, adding that court rolls are jam-packed.
The magistrate found that there was no reason to keep the matter on the roll pending the completion of investigations and struck the matter off the roll.
After the court proceedings, the NPA said it was engaging with the South African Police Service to speed up unfinished investigations.
NPA spokesperson Magaboke Mohlatlole said it intends to re-enrol the case as soon as it is reasonably possible.
“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.
NPA wants to re-enrol case
“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.”
After the CEO’s arrest, ANC Youth League (ANCYL) president Collen Malatji said Mathibe must explain himself to party leaders.
He confirmed that Mathibe remains an ANCYL member but noted that expulsion required conviction and imprisonment without a fine.
The DA demanded answers on Mathibe’s JDA and Joshco appointment, questioning if qualified candidates existed when he became COO.
