NDPP to review decision to withdraw corruption charges against Zizi Kodwa
It was announced on Friday that National Director of Public Prosecutions (NDPP) Shamila Batohi will review Gauteng Director of Public Prosecutions (DPP) Advocate Andrew Chauke’s decision to withdraw corruption charges against former Minister of Sports, Arts and Culture Zizi Kodwa and businessman Jehan Mackay.
The NDPP will review the decision in line with Section 179 (5) (d) of the Constitution and communicate the decision.
Kodwa, also a former Deputy Minister in the Presidency responsible for State Security, was implicated in the State Capture Commission of Inquiry for allegedly receiving a R1.7-million bribe from Mackay, an executive of a local technology company which received government tenders.
Kodwa was arrested, along with Mackay in July.
Chauke said the decision to abandon the prosecution was made following successful representations made by Kodwa and Mackay, as well as evidential material in the case docket, reports from the prosecutor and regional head of the Specialised Commercial Crimes Unit, as well as consultation with the investigating officer.
He noted Part 6 of the National Prosecuting Authority’s (NPA's) Prosecution Policy Directives, which he said made 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.
“The DPP was duty bound to consider that the prospects of a successful prosecution have diminished, owing to the change in circumstances, brought about by new developments that came to light, despite an initial decision to institute a prosecution,” Chauke said.
Meanwhile, ActionSA formally wrote to Batohi asking her to review the NPA’s decision, adding that the party would also request a record of the decision that led to what it termed "the NPA’s sudden reversal".
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