The National Prosecuting Authority (NPA) has moved swiftly to revive the criminal case against senior Johannesburg municipal executive Themba Mathibe after it was struck off the roll by the Alexandra Magistrate’s Court.
Mathibe, the acting chief executive officer of the Johannesburg Social Housing Company (Joshco), is under investigation following the discovery of R321 000 in cash at his residence during a search-and-seizure operation linked to an ongoing corruption probe.
The state alleges that Mathibe failed to provide a satisfactory explanation for possessing the cash.
However, prosecutors suffered a setback when the Alexandra Magistrate’s Court removed the matter from the roll after hearing that investigations were still incomplete.
Prosecutors sought more time
According to the NPA, prosecutors requested additional time to finalise crucial outstanding investigations, including the downloading and analysis of electronic devices seized during the operation.
“The National Prosecuting Authority is engaging with SAPS to expedite outstanding investigations with a view to re-enrol the case as soon as it is reasonably possible,” said NPA spokesperson Magaboke Mohlatlole on Tuesday.
The court heard that investigators still needed time to complete forensic processes and examine 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 continuing.
The court ultimately agreed and struck the matter off the roll.
‘Matter is far from over’
The NPA has now raised concerns about the manner in which the decision was reached.
“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.
Despite the setback, prosecutors insist the matter is far from over.
“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,” Mohlatlole said.
Prosecutors still reeling from Sibanyoni case debacle
The development comes barely two weeks after prosecutors launched a determined effort to restore the extortion and money laundering case involving taxi boss Joe “Ferrari” Sibanyoni and his co-accused following its dramatic collapse in the Kwaggafontein Magistrate’s Court.
In that matter, Chief Magistrate Tuletu Tonjeni struck the case off the roll after prosecutor Mkhuseli Ntaba failed to appear for the continuation of bail proceedings.
The NPA subsequently challenged the decision, filed notice seeking leave to appeal aspects of the ruling and lodged a formal complaint with the Magistrates Commission.
The prosecuting authority later succeeded in enrolling the matter in the Delmas Magistrate’s Court, where Sibanyoni, Pretoria taxi boss Bafana “King of the Sky” Sindane, Phillmon Makhaya Msiza, Mvimba Daniel Masilela and a company linked to Sibanyoni currently face charges of extortion and two counts of money laundering.
The back-to-back cases suggest prosecutors are increasingly unwilling to allow high-profile matters to disappear after being struck off the roll.
For the NPA, the message appears clear: a case removed from the roll is not necessarily a case lost.
- The NPA is reviving the criminal case against Themba Mathibe, Johannesburg Social Housing Company's acting CEO, following the discovery of R321,000 cash at his home during a corruption probe.
- The Alexandra Magistrate’s Court struck the case off the roll due to ongoing incomplete investigations, despite prosecutors' requests for more time to analyze electronic evidence.
- The NPA criticized the court’s decision for lacking a formal inquiry into the reasonableness of the delay and emphasized that striking the case off does not amount to an acquittal.
- This case follows a recent similar situation with the high-profile Sibanyoni extortion and money laundering case, where prosecutors fought to reinstate the matter after court setbacks.
- The NPA’s actions demonstrate a firm stance that cases removed from the roll will be re-enrolled once investigations conclude, signaling determination to pursue high-profile corruption cases.
