Recently, a surprising decision was taken by the National Prosecuting Authority (NPA) regarding corruption charges against former government minister and ANC National Executive Committee member Zizi Kodwa. Following representations to the provincial director of prosecutions, Andrew Chauke, charges of contravening the Prevention and Combating of Corruption Act were withdrawn against both Kodwa and former EOH executive Jehan Mackay.
The decision to withdraw the charges was prompted by “new developments” that came to light during representations made by the two accused in early October. The charges related to direct payments and benefits worth R1.6 million, including luxury accommodation, allegedly made by Mackay to Kodwa in 2015 and 2016, when the latter was the ANC’s national spokesperson.
Kodwa’s arrest in July, followed by his resignation as an MP and his removal from his ANC and government positions two days later, had caused quite a stir. However, the decision to drop the charges was based on the evidence presented in the defendants’ submissions, as well as reports from the prosecutor, the regional head of the specialised economic crimes unit and the investigating officer.
According to NPA spokesperson Phindi Mjonondwane, the possibility of a successful prosecution had become less likely due to “new developments” that had occurred since the initial decision to prosecute the case. The decision to drop the charges was based on the NPA’s prosecution policy guidelines, which provide for a submission process where the defendant can request a review of the decision to prosecute and present his or her side of the story.
The Director of Public Prosecutions was required to take into consideration that the prospects of a successful prosecution had diminished due to the changed circumstances since the initial decision to prosecute. This case highlights the importance of the delicate balance between the interests of justice and respect for the rights of the accused.
Ultimately, the withdrawal of charges against Zizi Kodwa and Jehan McKay raises important questions about the application of justice and ethics in corruption cases. It highlights the complexity of legal cases and the need for thorough investigations to reach fair and just conclusions. Hopefully, this case will serve as a lesson and strengthen the fight against corruption in our society.