Kodwa’s ‘friend’ may be facing a prima facie criminal case, Zondo told

The Commission of Inquiry into the Allegations of State Capture on Monday heard how former EOH Holdings director Jehan Mackay might be facing a prima facie criminal case over corrupt activities.

Former ANC spokesperson Zizi Kodwa testified before the commission’s chair Deputy Chief Justice Raymond Zondo, where he was questioned about his relationship with Mackay, among other things.

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Kodwa was implicated in a number of dodgy payments by head of ENSafrica Forensics Steven Powell in November last year.

Powell revealed that Kodwa allegedly received received R375 000 from Mackay between 2015 and 2017.

However, it was found by the commission through bank details and statements that Kodwa received over R2 million in cash and other benefits.

No quid pro quo

Earlier in the proceedings, Kodwa made an opening statement in which he admitted to payments being made into his bank account “on his request at times”  by Mackay when he was going through financial difficulties.

Kodwa, however, dismissed corruption allegations, saying the payments were not in exchange for political gains for the ANC, or to influence any tenders.

The current Deputy State Security Minister told the commission that he received a R1 million loan from Mackay – whom he met in 2013 and became friends – which he used R890,000 to buy a Jeep vehicle for himself.

He further said that such payments were not quid pro quo for any assistance then or in the future.

Kodwa further agreed with evidence leader advocate Matthew Chaskalson that he still has not repaid any amount of that R1 million loan.

This relates to his earlier statements, where he told the commission that the loan was from a friend, and it had no strings attached.

“It was also flexible for me as MacKay indicated that I did not rush making payments until I felt my finances had been stabilised,” he said.

Asked whether he would pay the money back if Mackay asked for it tomorrow, the former ANC spokesperson said he would not be able to do so, however, he did not think Mackay would ever do that.

Chaskalson suggested that Kodwa taking R1 million from Mackay would mean that the former EOH would wield some influence over him, which the former ANC spokesperson refuted.

Prima facie

Chaskalson then indicated that there may be a prima facie case against Mackay over alleged corrupt activities he has engaged in.

“There’s evidence that we heard in he commission suggests that at least a strong prima facie case that Mr Mackay has been guilty of repeated accounts of fraud and contraventions of the Prevention and Combating of Corrupt Activities Act.

“What we have seen today is that he has been accounting for personal payments to you and donations to the ANC as legitimate company expenses relating to tenders,” Chaskalson said.

The ANC is accused of soliciting regular donations worth millions from EOH in exchange for tenders at the City of Johannesburg.

The evidence leader had questioned Kodwa about emails that revealed Mackay had requested the former ANC spokesperson to assist him in government tenders.

Responding to the matter, Kodwa told the commission he never assisted Mackay to win tenders.

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Chaskalson then pointed out that despite Kodwa’s constant refusal to help, Mackay still asked the notified the deputy minister about tenders, to which the Deputy Minister said “business people are very persistent”.

“It’s in the nature of business people. They are very persistent especially in spaces where they think that you know certain individuals… not because you can influence, but because you know certain person in a certain department and so on,” he said.

Kodwa, however, conceded that he still saw Mackay as a friend, even though he may be at a serious risk of prosecution over the prima facie case.

He highlighted that he was “unambiguous” in his evidence, further maintaining that he has never helped anyone score tenders.