The National Prosecuting Authority (NPA) has withdrawn corruption charges against former cabinet minister and ANC national executive committee member Zizi Kodwa. Photo: Frennie Shivambu/Gallo Images
The National Prosecuting Authority (NPA) has withdrawn corruption charges against former cabinet minister and ANC national executive committee member Zizi Kodwa.
Charges of violating the Prevention and Combating of Corrupt Activities Act against Kodwa and former EOH executive Jehan Mackay were withdrawn after they made representations to the provincial director of prosecutions Andrew Chauke.
NPA spokesperson Phindi Mjonondwane said Chauke had taken a decision to withdraw the charges after “new developments” came to light in the representations made by the two accused at the beginning of October.
The two had been charged with regard to R1.6 million in direct payments and benefits, including luxury accommodation, which had been made to Kodwa by Mackay in 2015 and 2016 during the time that the former was the ANC’s national spokesperson.
Kodwa was arrested in July and two days later resigned as an MP and stepped aside from his roles in the ANC and the government.
“The decision to abandon the prosecution is premised on the grounds militated by the successful representations that were lodged by the accused with the office of the DPP,” Mjonondwane said.
She said the decision also took into consideration the evidence in the docket, reports from the prosecutor, the regional head of the specialised commercial crimes unit and the investigating officer in the case.
The chances of securing a successful prosecution had diminished in the light of “new developments” that had taken place after the initial decision to prosecute the matter, Mjonondwane added.
“Part six 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 the opportunity to tender their version of events,” she said. “Their version of events is then weighed against the interest of justice, coupled with the factors mentioned above.”
“The DPP was duly bound to take into account that the prospect of a successful prosecution has diminished, owing to the change in circumstances, brought about by new developments that came into light, in spite of an initial decision to prosecute,” Mjonondwane said.
Source:
mg.co.za
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