Case against Zizi Kodwa is ‘palpably weak’, argues lawyer in calling for charges to be dropped

Zizi Kodwa’s lawyer, Zola Majavu at Palm Ridge Magistrate's Court on July 23, 2024 in Palm Ridge, South Africa. It is reported that the former Minister of Sport, Arts and Culture, Zizi Kodwa was arrested over state capture-related corruption charges in June, and is accused of receiving more than R1.6 million in kickbacks from former EOH boss Jehan Mackay in return for government tenders. (Photo: Gallo Images / OJ Koloti)

By Vincent Cruywagen

3 Oct 2024

Former sports, arts and culture minister Zizi Kodwa has submitted legal representations to the Director of Public Prosecutions to drop State Capture Inquiry corruption charges against him.

Zola Majavu, the lawyer for former sports, arts and culture minister Zizi Kodwa, has made representations to the Director of Public Prosecutions (DPP) to have the State Capture Inquiry corruption charges against his client dropped.

In his representations, Majavu pointed out “errors” and “shortcomings” in the State’s case.

“I have read the 1,351-page docket and the charge sheets. I was left with more questions than answers. Based on that I was then fortified to make representations to the effect that the charges against him must be withdrawn. Having read the charge sheet and docket, the State’s case is palpably weak,” he said.

This came to light in the Palm Ridge Specialised Commercial Crimes Court on Thursday (3 October) when Kodwa and his co-accused, former Enterprise Outsourcing Holdings (EOH) executive Jehan Mackay, appeared briefly.

The development comes after Mackay made similar representations to the DPP.

On Thursday, the case was on the roll for the outcome of the DPP’s decision on whether to withdraw the charges against Mackay. During the pair’s appearance on Wednesday, 21 August 2024, the court heard that the head of the Specialised Commercial Crimes Unit had denied Mackay’s request to drop the charges.

Read more: “Zizi Kodwa and Jehan Mackay’s corruption case postponed for Mackay’s bid to have charges dropped”

Ian Small-Smith, Mackay’s lawyer, then made a representation to the DPP. On Thursday, prosecutor Neville Mogagabe informed magistrate Phindi Keswa that the DPP’s decision on Mackay’s representation was not yet ready.

During last month’s appearance Majavu threatened to consider seeking a separation of trials if the case were to be postponed again at their next appearance on 3 October.

Read more: “Zizi Kodwa’s lawyer frustrated at ‘ping-pong’ postponements in buildup to corruption trial”

The charges against Kodwa stem from a report from the State Capture Commission. The then deputy chief justice, Raymond Zondo, recommended that President Cyril Ramaphosa “consider” Kodwa’s position concerning the “debts” he owed to Mackay, who is accused of bribing politicians and paying donations to the ANC to win lucrative government contracts.

Zondo found that in 2015 and 2016, EOH entities and Mackay made cash payments totalling R1.68-million for Kodwa’s benefit.

Zizi Kodwa and Jehan Mackay in the Palm Ridge Specialised Commercial Crimes Court on 3 October 2024. (Photo: Gallo Images / OJ Koloti)

Kodwa testified at the Zondo Commission in June 2021 that he met Mackay in 2013 and they became friends.

It is alleged that in 2015 Mackay gave Kodwa R1-million, of which Kodwa used R890,000 to buy a Jeep. Kodwa, who was then the national ANC spokesperson and a National Executive Committee member, claimed he was struggling financially at the time.

In late July, he resigned as an MP after he was sworn in following the 29 May elections despite facing criminal charges.

This was the pair’s fourth appearance, having first appeared after their arrest on 5 June. They were released the same day after posting R30,000 bail.

Zizi Kodwa’s lawyer, Zola Majavu, in the Palm Ridge Magistrates’ Court on 23 July 2024. (Photo: Gallo Images / OJ Koloti)

‘State case is weak’

Majavu addressed the court, saying that he had personally contacted the DPP to request a response to Mackay’s representation.

“I was then assured by the DPP that is seized with the matter that the decision will be ready in two weeks. On Thursday it became apparent that the matter would be postponed for two weeks.

“During my interaction, the DPP advised me to make a representation on behalf of my client. I want the court to know that I made that submission and shared it with the prosecution and the DPP,” he said.

Majavu also said that if the DPP’s decision was not in favour of his client, the case would go to trial. “We’re ready for trial,” he said.

The matter will be back in court on Thursday, 24 October. DM

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