Former Sports, Arts and Culture Minister Zizi Kodwa has applied for corruption charges against him to be withdrawn. Kodwa is arguing that the state’s case is “weak”.
This was revealed by Kodwa’s lawyer Zola Majavu on Thursday during proceedings at the Johannesburg Specialised Commercial Crime Court sitting at the Palm Ridge Magistrate’s Court.
Kodwa and his friend and co-accused Jehan Mackay made a brief appearance in court on Thursday.
During the proceedings, prosecutor Neville Mogagabe told the court that the Gauteng Director of Public Prosecutions received representations from Mackay to have charges against him withdrawn.
Co-accused also wants charges withdrawn
Mogagabe said the prosecution’s boss is yet to make a decision on Mackay’s request.
He said the DPP’s outcome on Mackay’s representations request will be ready by October 24. Mogagabe then asked the court for the matter to be postponed to the aforementioned date. This so that the DPP’s office can have more time to finalise its outcome on Mackay’s representations.
In August, Mackay made representations to the regional head of the specialised commercial crime unit. He requested for charges against him to be withdrawn. However, his representations were unsuccessful. Mackay then submitted his representations to the DPP.
Mackay’s lawyer, Ian Small-Smith, did not oppose Mogagabe’s request to have the matter postponed.
Majavu also said he does not have a problem with the matter being postponed. He added that Kodwa has submitted representations to the DPP’s office to have charges against him withdrawn.
If Kodwa’s representations to have charges against him withdrawn are unsuccessful, he is ready for the trial. As such, he will ask the court for a trial date, Majavu said.
Magistrate Phillip Venter postponed the matter to October 24. This for the DPP’s office to give an outcome on the representations for withdrawal of charges made by Mackay and Kodwa.
Kodwa’s attorney says state’s charges are weak
Speaking outside the courtroom, Majavu explained his client’s request. He said Kodwa brought representations for withdrawal of his charges because the state’s case against him is weak.
“There are shortcomings in the state’s case. The state’s case against my client is palpably weak. Our representations are based on the error of ways in the state’s case… My client was not in government during the time the alleged crimes were committed. He was a mere spokesperson of the ruling party that happens to be in government…,” said Majavu.
Mackay is the director of Tactical Software Systems (TSS). He is also a former senior executive of Enterprise Outsourcing Holdings (EOH).
Kodwa and Mackay are out on R30, 000 bail each. They are facing charges of contravention of the Prevention and Combatting of Corruption Act and corruption.
Both face corruption charges involving R1.6-million in bribes
Both Kodwa and Mackay are accused of engaging in corrupt activities involving bribes worth more than R1.6-million.
The state claims that Kodwa was compensated for his interventions in government procurement processes. This was while he was the ANC spokesperson from April 2015 to February 2016. These compensations were to further the interests of Mackay, TSS, and EOH with payments and opulent lodging. The compensations were valued at more than R1.6-million. They were either directly from Mackay or through assistance from Mackay.
“In February 2015, the State Information Technology Agency [Sita], a state-owned company charged with the responsibility of information technology services to the government, advertised a tender worth R360-million for the appointment of two separate service providers for the provision of a platinum access service solution for the government for five years as Sita could not render the said service,” said Mjonondwane.
“Nine companies, including EOH, were shortlisted for the tender. And communication between the two accused suggests that EOH was disqualified. Mackay then approached Kodwa for his intervention, which allegedly resulted in the tender being cancelled.”
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