‘State’s corruption case palpably weak’: Zizi Kodwa now wants charges dropped too

Former sports, arts, and culture minister Zizi Kodwa has now joined his co-accused in calling for the charges against him to be dismissed, with their corruption case being postponed.

Kodwa and former EOH Group senior executive Jehan MacKay briefly appeared in the Johannesburg Specialised Commercial Crimes Court in Palm Ridge on Thursday.

The two men are 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.

Kodwa and Mackay are currently out on R30 000 bail and intend to plead not guilty during the trial.

More delays in Zizi Kodwa corruption case

State prosecutor Neville Mogagabe confirmed that Andrew Chauke, the Gauteng Director of Public Prosecutions (DPP) in Johannesburg, received Mackay’s interlocutory application to have all his charges dismissed on 19 September.

“The decision has not been made as yet and as a result, the state will still be requesting for a remand for the outcome of the representations in respect of accused one,” Mogagabe said.

The prosecutor indicated that all parties have agreed to return to court on 24 October.

“I suppose by that time the decision will have already been made,” he added.

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Mackay’s first attempt to have the charges dropped, made to Gideon Nkoana, the head of the Specialised Commercial Crime Unit (SCCU), was unsuccessful.

The matter was escalated to the DPP’s office for a final decision.

However, there were delays in the case as Chauke did not receive Mackay’s application.

Watch the case below:

Kodwa seeks to have charges dropped

During the last appearance, Kodwa’s legal representative, Advocate Zola Majavu, warned that if the delays in the case continued then his client would launch a separation of trial application.

However, on Thursday, Majavu informed the magistrate that the legal team is now going in another direction.

He revealed that an application to request to have charges against Kodwa withdrawn has now been filed with the DPP.

This followed engagements with Chauke, who assured the former minister’s lawyer that a decision would be made in two weeks’ time.

“I was comforted that it is fair and reasonable based on the discussions that we had.

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“I then decided, for good measure, regardless of what the outcome of those representations were, to submit representations on behalf of Mr Kodwa, which is something I had not done to date. I was not minded in that direction.

“I was not instructed in that direction, but having had a collegial discussion with the DPP; I then decided to do so and I want the court to note that I submitted those submissions.

“Regardless of the outcome of my submissions, we remain ready for the state to bring it on,” Majavu explained.

“Instead of the two weeks that the DPP asked for, he has three weeks so we should be in a state of readiness to have a definite answer on the next occasion,” the advocate added.

The case was adjourned until 24 October as Kodwa and Mackay’s bail was extended.

State’s case ‘palpably weak’

Speaking to the media following the postponement, Majavu stressed that the state’s case had “shortcomings” and was “palpably weak” having gone through the 1 351 page docket as well as the charge sheet.

“I read them all. I then made a request for further particulars and posed certain questions to the state, and from the answers they gave me, I was more than determined to go ahead because it became very clear that there were more questions than answers.

“Based on that, I was then fortified to make representations to the effect that the charges against him must be withdrawn; whether or not the DPP will accede to that is another story,” Majavu told reporters.

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