Former South African Minister of Sport, Arts and Culture, Zizi Kodwa, has been cleared of corruption charges after the National Prosecuting Authority (NPA) withdrew the case against him and co-accused Jehan Mackay, former director of EOH.
The decision, announced on Friday, follows successful representations made to the Director of Public Prosecutions (DPP) by the legal teams of both Kodwa and Mackay.
The charges stemmed from allegations of payments and gifts exceeding R2.1 million allegedly made by Mackay to Kodwa between April 2015 and February 2016. These included eleven payments totalling R1.665 million deposited directly into Kodwa's bank account, and over R480,000 spent on Kodwa's accommodation in Cape Town's affluent suburbs of Clifton, Fresnaye, and Camps Bay.
The state's case rested on the assertion that these payments were intended to influence Kodwa's actions regarding a tender for services to the Department of Home Affairs, a tender for which EOH had bid. Evidence presented included an email from Mackay to Kodwa, which read:
"My brotha. I hope you are good. If it is possible, please can you ask the chair to look into DHA RFB1303/2014? There are games being played. Initially we were #1, then Pandelani and the head of procurement decided to reevaluate the bids and now it seems we are disqualified. The total value is R360 million. Also, please don’t forget to talk to the regional funding coordinator to understand what their funding requirements are."
However, Mackay's legal representative, Ian Small-Smith, successfully argued that the tender in question had been cancelled by Sita (the government's IT business) on October 29, 2015, for legitimate reasons – "major specification deficiency," as stated in a board procurement committee resolution provided to the state by Nombuyekezo Mokgoko, senior manager of compliance and governor at Sita.
Small-Smith further highlighted that the cancellation predated the alleged corrupt influence, undermining the state's case. He also emphasized that Kodwa was not a government official during the period in question, having served as an ANC spokesperson from March 26, 2014, to February 6, 2018.
"There was no prohibition on Kodwa receiving gifts and payments," Small-Smith stated, adding that Mackay had not solicited any illegal actions from Kodwa. He argued that the email's wording simply requested Kodwa to inquire about the tender process, not to engage in corrupt practices.
Mackay's warning statement, given upon his arrest on June 5, 2024, further clarified the nature of the payments. He described himself as a "loyal supporter of the ANC" and explained that the payments were partly personal gifts and partly contributions to ANC campaigns. He also noted that Kodwa, during his time as ANC spokesperson, received a modest salary and drove an older, less-than-ideal vehicle.
"Kodwa is a good friend of mine. While he was the spokesperson of the ANC, he did wonderful work for the ANC through difficult times and earned very little. As I recall, he earned about R40 000 per month and drove an older-model Audi 3-series that was not in good condition," Mackay wrote.
He also stated that Kodwa had indicated he could not assist with the tender, a fact Mackay accepted.
Small-Smith expressed concern about the Hawks' arrest procedure, stating that they had not followed standard protocol. He claimed the Hawks were determined to arrest Mackay and Kodwa before allowing them to provide their versions of events. Despite offering to provide these versions, the Hawks proceeded with the arrests, leading Small-Smith to make representations to the DPP after the fact.
The NPA's spokesperson, Mthunzi Mhaga, confirmed that the NDPP, Shamila Batohi, will review the decision to withdraw charges. This review, according to Mhaga, will adhere to constitutional provisions, including consultations and consideration of representations from relevant parties.
Kodwa, visibly relieved, expressed his intention to seek new employment opportunities following the conclusion of this protracted legal process.
