Kodwa and his co-accused EOH Group senior executive Jehan Mackay made their final appearance at Commercial Crime Court where the corruption charges against them were dropped. Picture: X/@Doreen_Mokgolo
Former minister of Sports, Arts and Culture Zizi Kodwa said his corruption case was meant to “eliminate and publicly humiliate” him.
The case was brought against the two by the National Prosecution Authority (NPA) following their arrest in June this year.
Kodwa and his co-accused EOH Group senior executive Jehan Mackay made their final appearance at Commercial Crime Court, sitting in Palm Ridge on Friday where the State announced the Director of Public Prosecutions’ decision to withdraw corruption charges against the duo.
State prosecutor Neville Mogagabe said the decision to drop charges was made by the National Director of Public Prosecutions (NDPP) Advocate Andrew Chauke.
An emotional Kodwa told 702, the matter deeply affected him and his family.
“From day one we said, ‘We are ready for this trial’. You can imagine what this case has done. There were two main objectives — the one I will call ‘elimination’ — if you look at the timing of when everything happened and started.
“The other objective was that of public humiliation and you can imagine what it has done to me and the family and everybody close to me,” Kodwa said.
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Kodwa added that the alleged crime occurred in 2015 when he was not a minister, not in government and had no influence at the time and was just a spokesperson.
“The same tender they are talking about got cancelled not because of influence, but because of compliance. Internally it did not comply. So, there was no common cause or purpose that linked me to anything.”
Kodwa advised other African National Congress (ANC) members, like his successor Pule Mabe and Nosiviwe Mapisa-Nqakula, to remain “strong”.
“I’ll say they must stay strong. What is good about this process, it may actually clear them and arrive at the same conclusion. Painful as it is, it’s a necessary process because I don’t think we must expect preferential [treatment].
“No one is above the law. We should not give an impression that because we are members of the ANC, we must be treated differently,” Kodwa said.
Mabe, his wife Mmatlhekelo Elsie Mabe, and business associate, Tinyiko Mahuntsi are facing charges of corruption, fraud, and theft in connection with a R27 million tender awarded to Mabe’s company, Enviro-Mobi, by the Gauteng Agriculture and Rural Development Department in 2017.
Mapisa-Nqakula is facing 12 charges of corruption and one count of money laundering for receiving more than R2 million in bribes from a South African National Defence Force (SANDF) contractor during her tenure as defence minister.
Kodwa said being embroiled in a case of this nature left him in a “lonely place” and that the support from family and close friends means everything.
ANC’s national spokesperson Mahlengi Bhengu-Motsiri said the party noted the withdrawal of the charges against Kodwa.
“This outcome reaffirms our commitment to justice and the rule of law, principles that underpin the ANC’s approach to both leadership and governance.”
While Kodwa said his immediate task was to “resume my responsibility in the ANC,” Bhengu-Motsiri said Kodwa’s matter will have to be reviewed by ANC Secretary-General Fikile Mbalula and the National Executive Committee (NEC).
NPA regional spokesperson Phindi Mjonondwane said the decision to abandon the prosecution was “premised on grounds militated by the successful representations that were lodged by the accused with the office of the Director of Public Prosecutions, which were comprehensively considered alongside the evidential material contained in the case docket, the reports from the prosecutor and the Regional Head of the Specialised Commercial Crimes Unit and consultation with the investigating officer”.
Kodwa and Mackay were facing corruption charges in terms of the Prevention and Combating of Corrupt Activities Act (Precca) and the Prevention of Organised Crime Act.
It is alleged that Mackay paid bribes to Kodwa, amounting to R1.6 million, between April 2015 to February 2018 in the form of cash, luxury accommodation, and other gratifications.
This was allegedly in exchange for a R360 million IT software tender.
NPA spokesperson Advocate Mthunzi Mhaga said they received a letter from Chauke requesting the NDPP to review the decision to drop charges against Kodwa and Mackay
Mhaga said the NDPP will review the decision in line with the above-stated legal framework and communicate the decision accordingly.
“The DPP decided to withdraw the charges against former Minister Zizi Kodwa and his co-accused, after receiving representations that were submitted on behalf of the accused.
“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.
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