By Lehlohonolo Lehana.
The corruption charges against former Minister of Sports, Arts and Culture Zizi Kodwa and his co-accused have been withdrawn.
Kodwa and Jehan Mackay briefly appeared in the Commercial Crime Court, sitting in Palm Ridge on Friday where the State announced the Director of Public Prosecutions’ decision to withdraw the charges.
The decision to withdraw the charges follows representations made by both accused.
Kodwa’s lawyer, Zola Majavu, told the specialised commercial crime court in Palm Ridge south of Johannesburg that the bulk of representations he made to the Gauteng director of public prosecutions on Kodwa’s behalf pointed to shortcomings in the state’s case against him. Mackay made similar representations.
Prosecutor Neville Mogagabe told the court that, “The decision is that the charges against both accused should be withdrawn. As a result, the State is withdrawing the charges against both accused.”
No reasons for the decision were placed on record.
After being arrested and charged, Kodwa, who had been elected as an ANC member of Parliament, resigned as an MP.
Kodwa told the media that he is now “officially a free man and will be resuming all his efforts to serve the African National Congress (ANC).
“I’m available, I can apply anyhwere, so I am in the job market as you know I am unemployed.”
“I do welcome the decision of the DPP. I have no doubt that for the DPP to arrive at this decision, he applied his mind to facts before him, not on the basis of what was sometimes heard at a trial of opinion,” said Kodwa.
Kodwa was accused of accepting R1.6 million in bribes from Mackay, who was an executive at EOH, in exchange for influence on contracts.
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.
National Prosecuting Authority (NPA) spokesperson Phindi Mjonondwane told media outside the court that the decision to abandon the prosecution was premised on the grounds that militated the successful representations launched by both accused to the office of the director of public prosecutions (DPP).
All we can say as the NPA is the DPP exercised his discretion as per mandate and his constitutional obligation, and in deciding in this matter he had to ensure there is fairness, that there is transparency as well as that the decision he takes must be in the interests of justice and also take into consideration the interests of society as well as the interests of the accused, “she said.
Mjonondwane said the NPA was not in a position to share the details contained in their representations and the factors that informed the DPP’s decision.