The National Prosecuting Authority (NPA) has recently made a decision to withdraw corruption charges against former cabinet minister and ANC national executive committee member Zizi Kodwa. This decision follows representations made by Kodwa and former EOH executive Jehan Mackay to the provincial director of prosecutions Andrew Chauke.
According to NPA spokesperson Phindi Mjonondwane, the charges of violating the Prevention and Combating of Corrupt Activities Act were withdrawn after new developments came to light during the representations made by the accused individuals at the beginning of October. The charges were related to R1.6 million in direct payments and benefits, including luxury accommodation, that were made to Kodwa by Mackay in 2015 and 2016 when Kodwa was serving as the ANC’s national spokesperson.
Kodwa was arrested in July and subsequently resigned as a Member of Parliament, stepping aside from his roles in both the ANC and the government. The decision to abandon the prosecution was based on successful representations made by the accused individuals to the office of the DPP. The NPA considered the evidence in the docket, reports from the prosecutor, the regional head of the specialised commercial crimes unit, and the investigating officer before making the decision to withdraw the charges.
The NPA’s prosecution policy directives allow for the process of representations, where an accused person can request a review of a decision to prosecute. In this case, the accused individuals were granted the opportunity to present their version of events, which was then weighed against the interest of justice and other relevant factors. The DPP ultimately determined that the chances of securing a successful prosecution had diminished due to new developments that had come to light after the initial decision to prosecute.
Overall, the decision to withdraw the charges against Zizi Kodwa and Jehan Mackay was made in consideration of the changing circumstances and the prospects of a successful prosecution. The NPA’s commitment to upholding justice and fairness in legal proceedings was evident in this case, as they carefully assessed all relevant factors before reaching a final decision.
