Corruption charges against Zizi Kodwa dropped

The pair faced charges related to allegations that Kodwa received gratification of more than R1.6 million in exchange for his influence over multi-million IT tenders for the government.

Kodwa and MacKay appeared briefly before the Special Commercial Crimes Court in Palm Ridge on Friday morning.

At an earlier hearing, Judge Phillip Venter told the court he could not rule out the possibility of a further adjournment if new information was presented.

“I consider Mr Cordwell’s request that the court mark this as a final remand in view of the outcome of his submissions. Once an application for detention is made, the court must consider whether there is good cause for detention. You have been referred to the court by the applicant in order for you to obtain remand.”

“I have to weigh that against the amount of time we would have to adjourn the case and the prejudice suffered not only by you, but also by the states and their witnesses who are waiting for the opportunity to testify in court, so there are a lot of issues that I have to weigh every time a request for an adjournment is made. A request for an adjournment is not just there for the taking .

“He needs to be motivated now. Part of my assessment is from a case flow management perspective. So far, every time I’ve heard of a remand application, I’m pleased that progress has been made.” I cannot see any unnecessary delays at this stage.

“Prior to November 1, your legal representatives may receive communication from the DPP office requesting further information from you, and this information may materially affect the outcome of this declaration, or even be in your favour, which may lead to a further detention being issued by the court.”

During court proceedings on Friday morning, the Director of Public Prosecutions (DPP) told the court of his decision to withdraw the charges.

“The Worship will note that at today’s (Friday) hearing, Gauteng Deputy Director Advocate Chauke’s correspondence dated 31 October 2024 was annexed and the decision is that the charges against both defendants be withdrawn. As a result, the state now requests that the charges be withdrawn against the Defendant.”

Speaking to the media outside court, Kodwa said he was ready to return to work.

“I am truly grateful to speak to you now as a free man. I am more ready to continue with my responsibilities. My responsibility now is to ensure that I align myself with the activities of the African National Congress (ANC).

“I am now in the job market, I am available now, I can become a journalist. As you know, I am unemployed.”

Kodwa explained in detail his decision as to why he decided to resign from his position as minister and MP at the beginning of the case.

He also resigned as a member of the ANC’s National Working Committee and National Executive Committee.

“When we heard this, the day we appeared, we decided to resign as ministers. It was not an easy decision because as a sitting minister there is no law requiring you to resign if you are accused, but I thought it would be inappropriate for a sitting minister to shoulder all these accusations.”

“I ask the President to release me and evaluate me and we have time to deal with this matter. I then and simultaneously withdraw from all activities of the African national congress in line with the decisions taken at the 55th conference of the ANC and all this took place without any structure.

“I’m making both of these decisions voluntarily, and that was quite important, but it was also important that we uphold the principle of the rule of law, that is, our equality before the law. It was also important whether we were ministers or not, whether crime was alleged. We made the commitment in 2015, now it’s 2020.” We were not ministers then, I was not in the government, I was just a spokesperson then.

“Despite all these reservations and observations, it was important for me to reaffirm the principle that you are equal before the law, and I have a strong understanding with the law enforcement agencies in this country, with the hawks, with the NPA, and I’m sure my representative, Mr. He said we were starting a collaboration.

“This is very important and as leadership we have to say this so that there is no impression that anyone is getting preferential treatment. The first day I joined Oxfam I was telling someone who came here, not because I am a minister. I realized that everyone should experience this and that it was important to reaffirm the principles of equality, but no one is above the law,” Kodwa said.

National Prosecuting Authority spokesperson Phindi Mjonondwane said the decision to drop the prosecution was based on grounds supported by successful submissions made by the defendant to the DPP office, which were thoroughly considered together with the evidentiary material contained in the case file. reports of the prosecutor and the Regional Head of the Commercial Crimes Special Unit and consultation with the Investigating Officer.

“Chapter 6 of the NPA’s Prosecution Policy Directives makes provision for the representation process whereby the accused may request a review of a decision to prosecute as an available recourse, where the accused is given the opportunity to offer his or her version of events.”

“The version of events is weighed against the interests of justice together with the factors set out above. The DPP’s duty was to take into account that the prospects of a successful prosecution had diminished as circumstances had changed. Despite the initial decision to launch an investigation, new developments have come to light.” said Mjondwane.

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