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Zizi Kodwa and Jehan Mackay’s corruption case postponed for Mackay’s bid to have charges dropped

Zizi Kodwa and Jehan Mackay’s corruption case postponed for Mackay’s bid to have charges dropped
Vincent Cruywagen
By Vincent Cruywagen
21 Aug 2024
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Former EOH executive Jehan Mackay, who is accused of bribing Zizi Kodwa to influence a Sita contract, will approach the Director of Public Prosecutions after the Specialised Commercial Crime Unit denied his bid to drop a corruption case against him.

The head of the Specialised Commercial Crime Unit denied a request from former Enterprise Outsourcing Holdings (EOH) executive Jehan Mackay, Zizi Kodwa’s co-accused in a State Capture corruption case, to drop his case.

Mackay has now filed an application with the Director of Public Prosecutions (DPP) to have the charges against him withdrawn.

This was revealed in the Palm Ridge Specialised Commercial Crimes Court on Wednesday, 21 August 2024, where Kodwa and Mackay appeared briefly.

On Wednesday, State Prosecutor Neville Mogagabe informed the court that Mackay’s lawyer, Ian Small-Smith, had approached the head of the Specialised Commercial Crime Unit in Johannesburg to have the charges reviewed and withdrawn.

The State was also informed that Mackay’s legal team would escalate the matter to the Director of Public Prosecutions.

Kodwa’s attorney, Zola Majavu, confirmed that this had unfolded and said that his client would not join Mackay’s application.

Kodwa and Mackay made their first appearance on 5 June. They were released on the same day after posting R30,000 bail.

Following his arrest on corruption charges involving alleged bribes and luxury perks totalling more than R1.6-million and his subsequent release on bail, Kodwa resigned as sport, arts and culture minister. In late July, he resigned as an MP after he was sworn in following the 29 May elections despite facing criminal charges.

Read more: Zizi Kodwa resigns as Minister after appearing in court on State Capture corruption charges

Following the postponement of proceedings on Wednesday, Kodwa’s attorney Majavu said: “We are ready for trial. Unfortunately, we are disappointed by the delay but we understand that Mackay wanted to protect his rights.

“Mackay’s legal representative submitted a representation to the court wherein Mackay asked charges be withdrawn against their client. However, that was denied. The next step for them is to approach the DPP about having the charges dropped.”

Majavu further stated that the corruption allegations against Kodwa were damaging his reputation, adding that he was viewed as a corrupt person.

On the issue of seeking further information from the State, a previous sticking point for Kodwa’s lawyer, Majavu also told Daily Maverick the State hadn't supplied both Kodwa and Mackay with the charge sheet and relevant documents.

During his successful bail application in June, Kodwa indicated in his affidavit that he understood the nature and gravity of the punishment that would be imposed if he was convicted of the charges against him.

He also stated in the affidavit that his prosecution was a direct result of the State Capture Commission’s findings and recommendations, as well as some of his testimony before the commission.

Charges against the pair


The charges against him stem from the 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.

During his testimony at the Zondo Commission in June 2021, Kodwa testified that he met Mackay in 2013 and the pair 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 an NEC member, claimed he was struggling financially at the time.

He told the Zondo Commission: “I confirm this was a loan from a friend and no strings attached. I obtained it at a time of financial difficulty and would not have been able to secure a bank loan.”

Read more: Zizi Kodwa denies he’s compromised while owing R1m to friend implicated in fraud, corruption

National Prosecuting Authority spokesperson Phindi Mjonondwane said that in February 2015, the State Information Technology Agency (Sita) advertised a tender worth R360-million for the appointment of two service providers for the provision of an IT service solution for the government for five years.

Nine companies, she said, including EOH, were shortlisted for the tender. Communication between Mackay and Kodwa suggested that EOH had been disqualified and that Mackay then approached Kodwa for his intervention, which resulted in the tender being cancelled, the NPA claimed.

Not guilty plea


In his affidavit, which was read into the record during his bail application, Kodwa said he intended to plead not guilty. He said once he had received the case docket, he would better understand the allegations against him and the case he faced.

Kodwa contends that his prosecution is a direct result of the State Capture Commission’s findings and recommendations, as well as some of his testimony before the commission.

He claims he went to the commission out of a deep respect for the rule of law and participated with a clear conscience and a willingness to be held accountable.

Mackay is a dual citizen who holds valid passports from South Africa and Canada, which he handed over to the investigating officer. He has said he returned to South Africa in 1999 and did not intend to live in Canada or anywhere else.

He worked as a data-based programmer for Market Link in Canada. In South Africa, he worked at Technical Software Systems before establishing TSS Management Services, where he served as managing director until 2012. He then joined EOH Tombu as a public sector executive. He left the company in 2019 and has since been working at Titan Investment and Advisory.

Read more: What I learnt from EOH about preventing corruption

He earns R80,000 a month and owns two luxury cars valued at R12-million as well as a Range Rover worth R3-million.

In his statement to the court, Mackay claimed that the facts that led to his arrest were thoroughly discussed at the Zondo Commission, and while he was never asked to provide evidence or comment on the allegations, he was aware that the Hawks had been investigating the allegations for several years.

Mackay has denied that he bribed Kodwa and said further investigation would reveal that the Sita tender was not cancelled because of anything he or Kodwa did.

He admitted giving money to Kodwa while he was a close friend. 

The matter is back in court on 10 September for the outcome of representations by Mackay to the office of the DPP. DM

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