Zizi Kodwa and businessman Jehan Mackay's corruption case withdrawn

The corruption case against ANC politician Zizi Kodwa and his co-accused businessman Jehan Mackay has been withdrawn. 

Kodwa and Mackay appeared briefly in the Palm Ridge specialised commercial crime court on Friday.

The state alleged Kodwa received R1.68m from Mackay, including payments for stays in seaside villas in an upmarket area of Cape Town between April 2015 and February 2016. This was allegedly in exchange for an IT software tender.

National Prosecuting Authority (NPA) spokesperson Phindi Mjonondwane told media outside the court that the decision to abandon the prosecution was based on successful representations launched by both accused to the office of the director of public prosecutions (DPP). 

She said in response to their representations, the DPP, Advocate Andrew Chauke, called the investigating officers to consult after going through the contents of the docket and satisfying himself about what he had evaluated or assessed therein.

Thereafter reports were requested from the regional head of the specialised commercial crimes unit, and the report from the prosecutor.

With a team of deputies, they came to the conclusion that there were circumstances that changed the prospects of a successful prosecution.

“All we can say as the NPA is the DPP exercised his discretion as per mandate and his constitutional obligation, and in deciding in this matter he had to ensure there is fairness, that there is transparency as well as that the decision he takes must be in the interests of justice and also take into consideration the interests of society as well as the interests of the accused,” she said. 

Mjonondwane said the NPA was not in a position to share the details contained in their representations and the factors that informed the DPP's decision.

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