By Lehlohonolo Lehana.
State Security deputy minister Zizi Kodwa has testified that none of the payments he received from former executive at EOH, Jehan Mackay were to buy his influence on government tenders.
The state capture commission referred to an email from Mackay to Kodwa asking him to speak to the “chairperson” regarding a R360 million tender in which EOH was bumped from the lead during the awarding process.
In the very same email, Mackay tells Kodwa to find out what the ANC branch needed so that he could assist.
Commission chairperson Deputy Chief Justice Raymond Zondo said this email came across that Mackay said the ANC had needs that he could help with and in return, Kodwa or the ANC should help him.
Kodwa has insisted that he was never involved in tender processes and told Mackay that he could not assist on a number of occasions.
He told the commission that “businesspeople are persistent” when it came to interacting with people they believed had political influence and so he continued with a friendship with Mackay.
Managing director of ENS Forensics, Steven Powell told the Commission that he conducted a forensic investigation into EOH and, in the process, found payments made to the ANC and individuals linked to the party.
Powell said it seemed that between the periods of 2015 and 2016, when the payments were made to Kodwa, three government contracts were issued.
But, Kodwa has told the Commission that while he confirms he received payments from Mackay, it had nothing to do with government contracts but were friendly hand-outs as he was going through a financially difficult period.
Powell also testified that Mackay sought Kodwa’s advice and influence so that EOH could win two multimillion-rand tenders.
He claimed that Kodwa received a payment of R890 000, which was believed to be for a vehicle.
EOH and its consortium was awarded a R217 million contract from the Eastern Cape Department of Education.
However, on Monday, Kodwa said all the payments and financial assistance came from Mackay and not the entities he represented.
He conceded that he received a R1 million loan from Mackay and said R890 000 went towards the purchase of a vehicle.
“I confirm this was a loan from a friend and [there were] no strings attached,” he said, adding that he would not have been able to secure a bank loan.
“It was also flexible for me as Mackay indicated that I did not have to rush [to make] payments until I felt my finances had been stabilised.”
Evidence leader, advocate Matthew Chaskalson, asked if he would be able to repay the money if Mackay asked for it tomorrow.
Kodwa said this was a conversation between friends and added that it was not a “normal loan with strict instructions”.
He further told the commission that it was not correct that Mackay paid for his hotel accommodation.
Kodwa claimed that Mackay demanded no payments for his time at any of his homes, adding that he played no role in any of the tenders.