ActionSA said on Friday it will formally write to National Director of Public Prosecution Advocate Shamila Batohi, to review the National Prosecuting Authority’s (NPA’s) decision to withdraw corruption charges against former Minister and African National Congress (ANC) MP Zizi Kodwa.

Kodwa was implicated in the State Capture Commission of Inquiry for allegedly receiving a R1.7-million bribe from an executive of a local technology company, which received government tenders.

Kodwa was arrested, along with his co-accused, businessman Jehan Mackay, in July.

The NPA announced that its decision to abandon the prosecution was made following successful representations made by Kodwa and Mackay, evidential material in the case docket and reports from the prosecutor and regional head of the Specialised Commercial Crimes Unit, as well as consultation with the Investigating Officer.

ActionSA Parliamentary leader Athol Trollip said his party would also request a record of the decision that led to what it termed "the NPA’s sudden reversal".

“….especially given the NPA's earlier utterances in late July expressing confidence in a guilty verdict for the charges. This sudden about-turn raises obvious questions about what could have driven the NPA to withdraw the charges, which ActionSA believes reflects growing concerns about either a lack of prosecutorial diligence or, more troublingly, the possibility of deliberate mishandling in cases involving high-profile individuals,” explained Trollip.

He said he would have expected more thorough preparation from the NPA before even contemplating criminal charges.

“This then begs the question of what exactly informed this outrageous decision, which they are vaguely excusing as 'due to new developments',” he said.

Trollip stated that ActionSA was prepared to pursue all available legal avenues to challenge this matter and would ensure that the NPA accounted for its decision, which he said represented “yet another failure” by the NPA to prosecute State capture-related cases.

“ActionSA would argue that, given the cloud of corruption surrounding the Minister responsible for overseeing the NPA, namely Justice Minister Thembi Simelane, there are doubts about the NPA’s commitment to ensuring that justice is inescapable even for the political elite,” he said.

Meanwhile, the ANC welcomed the NPA’s decision saying this outcome reaffirmed the authority's commitment to justice and the rule of law.

“The ANC acknowledges the importance of these resolutions on renewal, which seek to reinforce the integrity of our leaders and build public trust in our movement. We are encouraged by the diligent efforts of the NPA and remain committed to supporting fair and transparent judicial processes that uphold justice for all South Africans,” stated ANC National spokesperson Mahlengi Bhengu-Motsiri.

In July, Kodwa, resigned as an ANC MP, in accordance with the party’s fifty fifth National Conference resolutions on renewal and integrity.

Bhengu-Motsiri pointed out that Kodwa’s decision reflected a commitment to the Constitution of the ANC and South Africa, “prioritising the organisation’s values of transparency and accountability”.