By Lehlohonolo Lehana.
The National Prosecuting Authority (NPA) boss Shamila Batohi has announced that, she will review the decision by Gauteng’s Director of Public Prosecutions, Andrew Chauke, to withdraw the corruption charges against Zizi Kodwa and co-accused, Jehan McKay.
In a statement on Friday, NPA spokesperson advocate Mthunzi Mhaga said the office of the National Director of Public Prosecutions (NDPP) had received a letter from the Hawks to request that Batohi review the decision by the South Gauteng Director of Public Prosecutions (DPP), advocate Andrew Chauke.
“In terms of Section 179 (5) (d) of the Constitution, the NDPP may review a decision to prosecute or not to prosecute, after consultation with the relevant DPP and after taking representations within a specified period from the accused person; the complainant; any other person or party whom the NDPP considers to be relevant,” Mhaga said.
“The NDPP will review the decision in line with the above-stated legal framework and communicate the decision accordingly.”
Kodwa and Mackay, on Friday briefly appeared in the Commercial Crime Court in Palm Ridge, where the State withdrew the charges.
Kodwa and former EOH executive Mackay faced corruption charges.
The State accused Kodwa of receiving bribes, worth R1.6 million, between 2015 and 2016 when he was the ANC’s national spokesperson.
Suspicious payments were made by Mackay, from his personal bank account, to Kodwa and to Siyabulela Sintwa, a personal assistant to former President Jacob Zuma at the ANC’s Luthuli House headquarters, evidence introduced at the judicial commission of inquiry into state capture showed.
EOH subsidiary Tactical Software Solutions (TSS) – founded by Mackay and his father Danny and sold to EOH in 2011 for R130.5-million – allegedly paid off corrupt politicians by making payments to Mackay’s personal bank account at FNB, from which he then transferred money to various ANC bigwigs, supposedly for favours for winning government contracts.
Meanwhile Mahlengi Bhengu-Motsiri, the ANC’s national spokesperson, said the party noted the withdrawal of the charges.
Bhengu-Motsiri said that Kodwa should notify ANC Secretary-General Fikile Mbalula in order to invoke the step-aside guidelines, which required him to make a representation before resuming duties that included NEC membership.
“It is not automatic. His matter must still be reviewed by Mbalula and the entire National Executive Committee,” she said.