By Thabo Mosia
The African National Congress (ANC) has expressed strong support for the National Prosecuting Authority’s (NPA) recent decision to drop corruption charges against former ANC spokesperson and ex-Minister of Sports, Arts, and Culture, Zizi Kodwa. This endorsement from the ruling party is not only a nod to Kodwa’s integrity but also reflects the ANC’s stance on judicial processes in South Africa, further emphasizing its commitment to transparency and accountability.
In a statement issued on 1 November 2024, the ANC celebrated the NPA’s decision, viewing it as an affirmation of the rule of law. The party commended Kodwa’s actions in June 2024, when he voluntarily stepped aside from his position to allow legal proceedings to unfold. This move aligned with the resolutions adopted at the ANC’s 55th National Conference, which emphasized renewal, integrity, and adherence to the principles of transparency and accountability. As the ANC welcomed this development, Secretary General Mahlengi Bhengu-Motsiri described it as a moment to renew trust in the judicial system and reinforce public confidence in the ANC’s values.
While the ANC hails this outcome as a victory for justice, NPA Director Shamila Batohi has announced her intention to review the decision made by Gauteng’s Director of Public Prosecutions, Advocate Andrew Chauke. This development follows a request from the Directorate for Priority Crimes Investigation (Hawks), which urged Batohi to reassess the withdrawal of charges against Kodwa. The case has once again placed the spotlight on the relationship between politics and the judiciary in South Africa, raising pertinent questions about prosecutorial discretion, accountability, and the role of the NPA in cases involving prominent political figures.
Background to the Allegations
The corruption allegations against Kodwa date back to his tenure as ANC National Spokesperson between 2015 and 2016. According to the NPA, Kodwa allegedly received financial kickbacks amounting to nearly R1.7 million from his co-accused, former EOH executive Jehan Mackay. These funds were purportedly given in exchange for Kodwa’s assistance in securing government contracts that would benefit Mackay’s technology company.
The accusations were severe and led to a public outcry, casting a shadow over Kodwa’s political career. To address the matter, Kodwa resigned from his ministerial position in June 2024, stating that he wished to confront the charges head-on without compromising his responsibilities. His decision to step aside was lauded within ANC circles as a demonstration of respect for both the ANC’s internal policies and the broader principles of justice.
On 31 October 2024, however, the NPA announced that the charges had been dropped. Chauke, the Gauteng DPP, explained that the decision was based on new evidence presented by the defendants, which led to doubts about the likelihood of a successful prosecution. This decision, while welcomed by some, has stirred significant debate, with various stakeholders weighing in on the implications of the withdrawal.
NPA’s Explanation and Public Reaction
Phindi Mjonondwane, the NPA’s Gauteng Regional Spokesperson, elaborated on Chauke’s decision, citing that the NPA’s Prosecution Policy Directives allow for an accused to submit representations that can influence prosecutorial decisions. She noted that these representations provided new insights that necessitated a reassessment of the case. Furthermore, Chauke’s office consulted with the Specialised Commercial Crimes Unit and the investigating officer to ensure that the decision aligned with the NPA’s commitment to impartiality and justice.
Mjonondwane emphasized that the NPA remains committed to prosecuting cases “without fear, favour, and prejudice,” as mandated by the South African Constitution. Despite these assurances, public reactions have been mixed. While ANC members like Andile Lungisa have praised the NPA’s decision, others view it with skepticism, questioning whether justice has truly been served or if political considerations influenced the outcome.
Support from ANC Figures: A Divisive Response
One of the most vocal supporters of the NPA’s decision is ANC NEC member Andile Lungisa. Known for his stance on judicial independence, Lungisa hailed the withdrawal of charges as a vindication of Kodwa’s innocence. He has long argued that the NPA is sometimes used as a “political tool” to target ANC members for purposes other than justice. Following the court’s decision, Lungisa expressed, “We stood publicly with Cde Zizi Kodwa because we knew he had no case to answer. Congratulations, Zizi.”
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