NPA TO RE-ENROL CASE OF THEMBA MATHIBE AFTER IT WAS STRUCK OFF THE ROLL

The National Prosecuting Authority (NPA) is engaging with SAPS to expedite outstanding investigations with a view to re-enroll the case as soon as it is reasonably possible. This follows an order by the Alexandra Magistrates’ Court to strike the matter against the former Acting Chief Executive Officer of the Johannesburg Social Housing Company (JOSHCO), Themba Mathibe, off the roll.

The matter arose 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.

During the proceedings, the State informed the court that investigations are not yet complete and requested additional time to finalise outstanding forensic processes, including the downloading and analysis of electronic devices seized during the investigation.

The court further heard that additional time would be required to complete the downloading and examination of the electronic evidence. The defence opposed the request, arguing that there was no basis for the matter to remain on the court roll while investigations were still ongoing. The prosecutor informed the court that the investigating officer was present in court to substantiate the application for a further remand for investigations. No enquiry was held as required by section 342A of the Criminal Procedure Act 51 of 1977.

After considering the submissions, 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.

The NPA notes with concern that no formal enquiry was held to investigate the reasonableness of the delay as required by the law. However, the striking of a matter offthe 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.

Issued by:

Magaboke Mohlatlole

NPA Communications Officer – Gauteng Division, Johannesburg