Former sports, arts and culture minister Zizi Kodwa at the Palm Ridge Magistrate’s Court on 5 June 2024. Picture: Michel Bega/The Citizen
The corruption case against former sport, arts, and culture minister Zizi Kodwa and his co-accused has been delayed yet again as they await a decision on whether their charges will be withdrawn.
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 currently out on R30 000 bail and intend to plead not guilty during the trial.
At the previous court appearance, it was revealed that both Kodwa and Mackay are seeking to have their charges dismissed.
According to state prosecutor Neville Mogagabe, their representations are currently under review by Andrew Chauke, the Gauteng Director of Public Prosecutions (DPP) in Johannesburg.
Kodwa’s lawyer, Zola Majavu, confirmed that the defence has agreed to the DPP’s request for additional time to consider the matter.
“He did confirm that the request for more time is simply to enable him to deal with both [representations] on a once-off basis and the fact that we referred directly to him is not a factor that would have contributed to the delay.
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“For the reasons that he disclosed to us, we were satisfied that in all fairness [that] an extra two weeks would not cause the skies to come down,” he told the court on Thursday.
Majavu indicated that Kodwa was requesting the court to mark this postponement as final for the DPP’s decision, citing the former minister’s prior concerns about delays in the case.
“I have no reason to doubt that the DPP and his team will come through on the date as discussed… but my client’s expressed instruction is simply to say to the court his life is currently hold on,” the advocate added.
Majavu had previously warned that Kodwa would launch an application for a separation of trial application should there be further delays.
Magistrate Philip Venter, however, declined Majavu’s request on the basis that the possibility of further postponements, in case new information was presented in court, cannot be ruled out.
“I am satisfied thus far that every time I have heard a remand application that there is progress being made in a speedy manner. I cannot see that there has been any undue delays at this stage.
“It may happen that before the first of November, your legal representatives may get a communication from the DPP’s office requesting certain further information from you and that information may materially affect the outcome of the representations even favouring you, which may cause another remand to be granted by the court.
READ MORE: ‘Close friend’ admits to giving Zizi Kodwa money, but denies corruption
“So, I’m not in the habit of marking postponements final because there may be good justification to postpone it again, which means I have to mark it final, and then final, and possibly final again.
“It depends on the motivation behind the applicant for the remand, so that is why I’m not going to agree to making it final, but every time an application is brought for a postponement, I apply my mind, and I assess it on the merits, whether such an application is justified or not, be assured of that,” the magistrate explained.
Venter postponed the case to 1 November.
“Your bail conditions are extended,” the presiding officer added.
Kodwa and Mackay 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.
This was allegedly in exchange for a R360 million IT software tender.
NOW READ: Kodwa got ‘flexible’ R1 million loan from friend, but denies corruption
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