The National Prosecuting Authority (NPA) says it is working closely with the South African Police Service (SAPS) to fast-track outstanding investigations with a view to re-enrolling the case against Johannesburg Social Housing Company (JOSHCO) Acting Chief Executive Officer, Themba Mathibe, after the matter was struck off the roll by the Alexandra Magistrates’ Court.
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. The State alleges that Mathibe failed to provide a satisfactory explanation for possessing the money.
During court proceedings, the prosecution requested additional time to complete outstanding forensic investigations, including the downloading and analysis of electronic devices seized during the operation. The defence opposed the application, arguing that there was no basis for the matter to remain on the court roll while investigations were still underway.
NPA Gauteng spokesperson, Magaboke Mohlatlole, said the State had informed the court that investigations were not yet complete and that further time was required to finalise critical evidence.
“The National Prosecuting Authority is engaging with SAPS to expedite outstanding investigations with a view to re-enroll the case as soon as it is reasonably possible,” said Mohlatlole.
He further noted that the investigating officer was present in court to support the State’s application for a further remand to allow investigations to continue.
“The court 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.”
Mohlatlole expressed concern that no formal inquiry was held in terms of Section 342A of the Criminal Procedure Act to determine whether the delays in the investigation were reasonable.
“The NPA notes with concern that no formal enquiry was held to investigate the reasonableness of the delay as required by the law.”
He stressed that the court’s decision does not bring the matter to an end.
“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 matter forms part of a broader corruption investigation involving JOSHCO, a City of Johannesburg-owned social housing entity tasked with providing affordable rental accommodation. Authorities have been investigating allegations of corruption and maladministration linked to the organisation’s operations and procurement processes.
The Mohlatlole says a decision on prosecution will be made once all outstanding investigations and forensic analyses have been completed.
