News24 | UPDATE | NPA vows to re-enrol Joburg Development Agency boss’ fraud case

The National Prosecuting Authority (NPA) will re-enrol the fraud case against Johannesburg Development Agency CEO Themba Mathibe after the presiding officer struck it off the roll of the Alexandra Magistrate’s Court after he found that the State’s request for more time was unacceptable.

The decision by Magistrate Samuel Mashaba dealt a major blow to the NPA, which had argued that further forensic investigations were required before the matter could proceed to trial.

But Mashaba was critical of the prosecution’s lack of readiness.

“The State has already been granted a five-month extension to finalise its docket. This was more than enough time to wrap up investigations, and the court will not tolerate further unreasonable delays,” Mashaba said.

In a statement on Tuesday afternoon, Gauteng NPA spokesperson Magaboke Mohlatlole said the authority was engaging with police to fast-track outstanding investigations “with a view to re-enrolling the case as soon as it is reasonably possible”.

READ | Joburg Development Agency boss’ fraud case struck off roll after 5-month delay

Mohlatlole said the NPA “notes with concern that no formal enquiry was held to investigate the reasonableness of the delay as required by the law”.

He said that striking the matter from the court roll did not mean that Mathibe was acquitted and did not prevent the State from re-enrolling the matter once investigations had been finalised and a decision to prosecute had been taken.

Mathibe, 29, was arrested by the Special Task Force on 26 January for procurement irregularities during his tenure as acting CEO at the Johannesburg Social Housing Company (Joshco).

He was arrested at his home after a raid at the city’s Joshco offices, where, according to the NPA, he was found with R321 000 in cash in his possession.

The State alleges that Mathibe was not able to provide a satisfactory explanation for his possession of the cash.

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