The fraud case against Johannesburg Development Agency (JDA) chief executive Themba Mathibe was struck off the roll at the Alexandra Magistrate's Court
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The fraud case against Johannesburg Development Agency (JDA) chief executive Themba Mathibe was struck off the roll at the Alexandra Magistrate's Court on Tuesday morning, bringing a dramatic conclusion to a matter that has haunted the young executive since his arrest in February.
Presiding officer Renier Boshoff delivered a sharp rebuke to the National Prosecuting Authority (NPA), refusing their request for further time to prepare their case against Mathibe.
The prosecutors had asserted that additional time was necessary to complete their investigation before proceeding to trial, but Boshoff expressed impatience with their unpreparedness and lack of progress.
“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,” Boshoff said.
Mathibe, who had been out on R50,000 bail since January, left the courthouse a free man.
During proceedings, the State acknowledged its inability to tie Mathibe to any substantial wrongdoing, insisting only on more time to build its case.
However, Boshoff struck the matter down and removed it from the roll, highlighting glaring deficiencies in the investigation.
In addition, a damning paper trail seen by the Daily News had emerged, revealing a series of correspondence from Mathibe's attorneys to the South African Police Service (SAPS).
After three alleged attempts to engage with law enforcement regarding the evidence supporting the charges against Mathibe, the police delivered no response.
These alleged oversights raised serious questions regarding the reasons behind Mathibe’s initial arrest, as there was no warrant issued for his apprehension or for the search of his Sandton residence, a search that allegedly unearthed the cash discovery central to the allegations against him.
Represented by attorney Lesley Sedibe of Lesley Sedibe Attorneys Incorporated, with Senior Counsel Lawrence Hodes providing further legal support, Mathibe's defence highlighted fundamental weaknesses in the State's case.
“They arrested my client without a warrant, searched his home without a warrant, then took five months to prove a case that never existed. Today the court saw it for what it was. My client's name and reputation must be restored,” Sedibe explained.
He further argued that the shortcomings exhibited by the police and prosecution were stark. More than five months after the arrest, investigators could not account for their progress, and failed to provide any evidence tying Mathibe to alleged illegal activity, and neglected communication with his legal representatives.
The ramifications of Mathibe’s arrest were spurred by leaks and claims regarding the alleged amount of cash involved, with figures fluctuating from R2 million to smaller amounts.
The claims reached a point where the NPA felt compelled to issue a public statement, aiming to clarify the situation.
One of Mathibe’s close associates in the matter, who spoke on condition of anonymity for fear of reprisals, said today’s court ruling served to vindicate that intervention.
“With the case now dismissed, the State’s inability to produce any substantive evidence, combined with Mashaba’s harsh critique, has left the sensational narrative previously spread across social media and within sections of the press fundamentally unsupported in a judicial context,” he said.
According to his legal team, the ruling has also cast a critical light on the police's procedural conduct, including the series of blunders surrounding the “warrantless arrest” and inadequate investigation efforts.
This is a developing story
DAILY NEWS