Hawks request NPA boss to review decision to withdraw corruption charges against Zizi Kodwa! The Directorate for Priority Crime Investigation, better known as the Hawks, has appealed to the National Director of Public Prosecutions (NDPP), Shamila Batohi, to reconsider the decision to drop corruption charges against former African National Congress (ANC) spokesperson Zizi Kodwa.
This request follows the decision by Gauteng’s Director of Public Prosecutions (DPP), Andrew Chauke, to withdraw charges against Kodwa and his co-accused, Jehan Mackay.
Background of the Case
Kodwa, who previously served as the Minister of Sports, Arts, and Culture, was accused of accepting R1.6 million in bribes from Jehan Mackay, an executive with the technology firm EOH Holdings, in return for influencing contract decisions.
The charges were part of a broader corruption investigation implicating multiple high-ranking officials. Both Kodwa and Mackay appeared briefly in the Palm Ridge Commercial Crime Court, where they learned of the DPP’s decision to drop the case against them.
Hawks Urge NDPP to Reconsider
Following the dismissal of charges, the Hawks swiftly responded by addressing a formal letter to NDPP Batohi on Friday, requesting a review of the case. The Hawks’ appeal signals their concern about the decision and reflects their ongoing commitment to investigating high-profile corruption cases.
In a statement, National Prosecuting Authority (NPA) spokesperson Mthunzi Mhaga acknowledged that the Constitution permits the NDPP to review decisions to prosecute or to drop charges after consultation with the DPP and taking into account relevant representations.
“The NDPP will review the decision in line with the above-stated legal framework and communicate the decision accordingly,” Mhaga said. This step by the Hawks indicates that the agency is keen on ensuring due process and transparency in cases involving political figures.
Kodwa’s Response to Being Cleared of Charges
Kodwa expressed relief after the charges were dropped, announcing to the media that he now considers himself a “free man” and intends to renew his commitment to the ANC. The allegations led to his temporary exit from the party last month as he stepped aside amidst mounting public scrutiny.
Following the court’s decision, Kodwa hinted at his intention to rejoin public service, stating, “I am available, I can apply anywhere. I am in the job market, as you know, I am unemployed.” His statement emphasizes his hope of moving beyond the controversy and restoring his public career.
Context: The Zondo Commission’s Findings
The charges against Kodwa were brought to light by the Zondo Commission of Inquiry into State Capture in 2020. During the inquiry, it was revealed that Mackay, a senior executive at EOH Holdings, made several financial transactions to Kodwa, allegedly in exchange for his influence over state contracts.
Steven Powell, managing director of ENS Forensics, testified before the Zondo Commission, detailing that Mackay transferred funds to Kodwa in eight separate payments. This testimony formed the basis of the allegations against Kodwa, as it was implied that these payments were bribes meant to secure favorable treatment in government tenders.
The Zondo Commission’s report, released in April 2022, strongly urged President Cyril Ramaphosa to examine Kodwa’s role as the deputy minister in the Presidency for State Security, given his alleged involvement in state capture.
The Commission’s findings were part of a wider investigation into how state resources were allegedly manipulated to benefit select individuals and corporations, and they cast a shadow over Kodwa’s professional reputation.
The NPA’s Legal Framework for Review
Under the legal framework, the NDPP holds the authority to review a decision by a DPP to prosecute or to drop charges. In this case, NDPP Batohi is expected to evaluate the DPP’s rationale and determine whether the charges against Kodwa should be reinstated.
Given the public’s interest in anti-corruption efforts, the NDPP’s decision will likely have significant implications for similar cases in the future.
Potential Ramifications of the NDPP’s Decision
If Batohi decides to reinstate the charges, it could lead to renewed investigations and possibly a trial for Kodwa and Mackay.
However, if the charges remain withdrawn, it may be seen as a setback in South Africa’s broader anti-corruption efforts. Either way, the NDPP’s decision is likely to attract considerable public attention, especially among those advocating for accountability in government dealings.
The Path Forward for Kodwa and the ANC
As the NDPP’s review process unfolds, Kodwa’s future within the ANC and his potential role in public service remain uncertain. His recent statements suggest a willingness to re-enter public life, and if the charges are permanently dropped, he could resume his political career.
However, should the NDPP decide to proceed with the charges, Kodwa’s position within the ANC and his political aspirations could be in jeopardy.
The ongoing investigation underscores the critical role of transparency in South Africa’s justice system, particularly in high-profile cases. For the public and those in government, the NDPP’s response to the Hawks’ request for a review will be a defining moment in the country’s fight against corruption.
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