Here's why NPA dropped charges against Zizi Kodwa and Jehan Mackay

The National Prosecuting Authority (NPA) decided to withdraw corruption charges against former MP Zizi Kodwa and his co-accused Jehan Mackay after realising that prospects of successfully prosecuting them had diminished.

NPA spokesperson Phindi Mjonondwane said the decision to abandon the prosecution was premised on grounds militated by the successful representations lodged by the accused.

She said those representations were comprehensively considered alongside the evidential material contained in the case docket, the reports from the prosecutor, the regional head of the specialised commercial crimes unit and consultation with the investigating officer in the case.

As a result, the Director of Public Prosecution (DPP) Andrew Chauke decided to withdraw corruption charges against them, she said.

“In response to their representations, the DPP called the investigating officer to consult with them. This is after going through the contents of the dockets and satisfying himself about what he has evaluated or assessed in the dockets.”

“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, despite an initial decision to institute a prosecution.

Chauke's decision was made on Thursday. The duo appeared in the Palm Ridge magistrate's court on Friday, where the state announced Chauke's decision.

In response to their representations, the DPP called the investigating officer to consult with themAndrew Chauke, Director of Public Prosecution 

The NPA had previously stated that investigations had revealed that from April 28 2015 to February 2 2016, Kodwa received R1,6m from Mackay for personal benefit.

This was in exchange for an IT software tender, they alleged.

Kodwa reportedly used the money to buy a luxury SUV and for the payment of luxury accommodation.

Mjonondwana said the NPA was not in a position to share the details contained in the duo's representation as well as the factors that informed the DPP's decision.

She said anyone who is dissatisfied with Chauke's decision may still take the matter on review, especially those with a legitimate interest in the case.

“Prosecutorial decisions are based on facts. We do not look at the individuals who are implicated in the matters, but we are rather informed by the factors contained in the docket as well as all other evidential material that we have at our disposal as the NPA.

“As the NPA, we as per the constitution, have to ensure that we prosecute when there are allegations with prospects of a successful prosecution, allegations that we are in a position to prove in court.”

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