The National Prosecuting Authority (NPA) says it will bring back its case against Johannesburg Development Agency (JDA) acting CEO Themba Mathibe.
This comes after the Alexandra magistrate’s court struck the case off the roll on Tuesday.
The case relates to R321,000 in cash that police found at Mathibe’s home during a search linked to an ongoing corruption investigation at the JDA.
The state says Mathibe did not give a satisfactory explanation for having the money.
When the matter returned to court, prosecutors asked for more time to finish their investigation, including analysing electronic devices that were seized during the investigation.
The defence opposed the request and argued that the case should not remain on the court roll while investigations were still incomplete.
The striking off of a matter does not amount to an acquittal
— NPA
After hearing arguments from both sides, the court ruled there was no reason for the matter to stay on the roll and ordered that it be struck off.
The NPA announced on Tuesday that it is working with the police to speed up the outstanding investigations so that the case can be re-enrolled as soon as possible.
The NPA also raised concerns that the court did not hold a formal inquiry into the reasons for the delays in the investigation, as provided for in the Criminal Procedure Act.
Being struck off the roll did not mean the case was over, the NPA added. “The striking off of a matter does not amount to an acquittal,” it said.
This means Mathibe has not been found not guilty, and the state can bring the case back to court once investigations are complete and if prosecutors decide there is enough evidence to proceed.
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