NPA withdraws charges against former Minister of Spots, arts and culture and businessman
1 November 2024
The Director of Public Prosecutions (DPP) in the Gauteng Division,Johannesburg, Advocate Andrew Chauke has taken a decision to withdraw the charges of Corruption in Contravention of the Prevention and Combating of Corrupt Activities Act ( PRECCA) against the former Minister of Sports,Arts and Culture, Zizi Kodwa and businessman Jehan Mackay.
The duo was initially charged with allegations that, during the period from April 2015 to February 2016, when Kodwa was employed as the National Spokesperson of the African National Congress (ANC), he received direct payments and luxury accommodation worth over RI ,6 million paid by and/or facilitated by Mackay as gratifications for his interventions in government procurement processes to advance the interests of Mackay.
The decision to abandon the prosecution is premised on grounds militated by the successful representations that were lodged by the accused with the office of the DPP, which were comprehensively considered alongside the evidential material contained in the case docket, the reports from the prosecutor and the Regional Head of the Specialised Commercial Crimes Unit and consultation with the Investigating Officer.
Part 6 of the NPA's Prosecution Policy Directives makes provision for the process of representations where an accused person may request the reviewal of a decision to institute a prosecution as an available remedy of recourse, wherein the accused is granted an opportunity to tender their version of events. Their version of events is then weighed against the interest of justice, coupled with the factors mentioned above. The DPP was duty bound to take into account that the prospects of a successful prosecution has diminished, owing to the change in circumstances, brought about by new developments that came to light, inspite of an initial decision to institute a prosecution.
The NPA continues to discharge its discretion on prosecutorial matters, as enjoined by the Constitution of the Republic of South Africa, without fear, favour and prejudice.
Issued by Phindi Mjonondwane, NPA Regional Spokesperson-Gauteng Division, Johannesburg, 1 November 2024
