Johannesburg – The National Prosecuting Authority (NPA) has withdrawn Criminal charges against former Sports, Arts and Culture Minister Goodenough Zizi Kodwa and businessman Jehan Mackay.
A statement from the NPA made available to The Bulrushes, said the Director of Public Prosecutions (DPP) in the Gauteng Division, Johannesburg, Advocate Andrew Chauke has withdrawn the charges of Corruption in Contravention of the Prevention and Combating of Corrupt Activities Act (PRECCA) against Kodwa and Mackay.
The charges were withdrawn during a brief appearance by Kodwa and Mackay in the Commercial Crimes court sitting at the Palm Ridge Magistrate’s Court on Friday morning, (1 November 2024).
“The DPP was duty bound to take into account that the prospects of a successful prosecution has diminished, owing to the change in circumstances, brought about by new developments that came to light, inspite of an initial decision to institute a prosecution,” the NPA statement said.
The duo was initially charged with allegations that, during the period from April 2015 to February 2016, when Kodwa was employed as the national spokesperson of the African National Congress (ANC) he received direct payments and luxury accommodation worth over R1,6 million paid by and/or facilitated by Mackay as gratifications for his interventions in government procurement processes to advance the interests of the businessman.
“The decision to abandon the prosecution is premised on grounds militated by the successful representations that were lodged by the accused with the office of the DPP, 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,” the statement said.
Kodwa, who maintained his innocence, has previously stated that the matter had cost him his career. The former minister resigned as ANC MP over the matter.
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Part 6 of the NPA’s Prosecution Policy Directives makes provision for the process of representations where an accused person may request the review of a decision to institute a prosecution as an available remedy of recourse, wherein the accused is granted an opportunity to tender their version of events.
Their version of events is then weighed against the interest of justice, coupled with the other factors.
NPA Gauteng Spokesperson Phindi Mjonondwane said: “The NPA continues to discharge its discretion on prosecutorial matters, as enjoined by the Constitution of the Republic of South Africa, without fear, favour and prejudice”.
