Former sports, arts and culture minister Zizi Kodwa and his co-accused friend Jehan Mackay will have to wait a little longer before the start of their corruption trial.
The duo appeared at the Johannesburg Specialised Commercial Crime Court sitting at the Palm Ridge magistrate’s court on Tuesday.
Mackay’s lawyer, Ian Small-Smith, told the court that the director of public prosecutions has not received Mackay’s representations for charges against him to be withdrawn.
In August, Mackay made representations to the regional head of the specialised commercial crime unit for charges against him to be withdrawn.
However, his representations were unsuccessful.
Mackay then submitted representations to the director of public prosecutions on August 13 for a decision.
Out on R30 000 bail each
During the pair’s last court appearance in August, the matter was postponed to give the director of public prosecutions an opportunity to decide on Mackay’s representations.
However, it was revealed in court on Tuesday that the director of public prosecutions’ office has not received Mackay’s representations.
Small-Smith asked that the matter be postponed pending a decision on his client’s representations.
The matter was postponed to October 3.
Mackay is the director of Tactical Software Systems (TSS) and a former senior executive of Enterprise Outsourcing Holdings (EOH).
Kodwa and Mackay are out on R30 000 bail. They are facing charges of contravention of the Prevention and Combatting of Corruption Act and corruption.
Kodwa’s lawyer, Zola Majavu, indicated in court that his client is ready for the trial, stating that if delays continue, he would bring an application for Kodwa to be tried separately.
Phindi Mjonondwane, the regional spokesperson for the National Prosecuting Authority (NPA), confirmed that the director of public prosecutions’ office has not received Mackay’s representations for charges to be withdrawn.
Mjonondwane said the NPA would oppose Kodwa’s application for a separate trial if it is brought before court.
Bribes worth over R1.6m
Both Kodwa and Mackay are accused of engaging in corrupt activities involving bribes worth more than R1.6-million.
The state claims that while Kodwa was the ANC spokesperson from April 2015 to February 2016, he was compensated for his interventions in government procurement processes to further the interests of Mackay, TSS, and EOH with payments and opulent lodging valued at more than R1.6 million, 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 and that Mackay then approached Kodwa for his intervention, which allegedly resulted in the tender being cancelled.”
