By Thabo Mosia
The National Director of Public Prosecutions (NDPP), Shamila Batohi, has announced her intention to review the recent decision by Gauteng’s Director of Public Prosecutions (DPP), Andrew Chauke, to withdraw corruption charges against former African National Congress (ANC) spokesperson Zizi Kodwa.
On Friday, the NPA confirmed it received a formal request from the Directorate for Priority Crime Investigation (Hawks) to re-evaluate the case involving Kodwa and his co-accused, former EOH executive Jehan Mackay. The charges relate to allegations that Mackay provided approximately R1.7 million in financial kickbacks to Kodwa in return for his influence in securing lucrative government contracts for Mackay’s technology company. The withdrawal of these charges, announced during a court appearance at the Palm Ridge Magistrates Court, has once again brought questions of accountability, political bias, and prosecutorial discretion to the forefront of South Africa’s public discourse.
Background and Controversial Decision
The case against Kodwa and Mackay dates back to alleged incidents between 2015 and 2016, when Kodwa was serving as the ANC’s National Spokesperson. The NPA’s initial position was that Mackay had provided financial incentives and luxury accommodation to Kodwa in exchange for favorable treatment in government procurement processes. These serious allegations, combined with the reported R1.6 million bribe, cast a shadow over Kodwa’s political career, prompting him to step down as Minister of Sports, Arts, and Culture in mid-2024 to address the charges.
Chauke’s decision to withdraw the case followed a detailed consideration of representations submitted by Kodwa and Mackay. According to Phindi Mjonondwane, NPA’s Gauteng regional spokesperson, Chauke’s conclusion was influenced by changes in the “prospects of a successful prosecution” due to new evidence that emerged. She further noted that the decision was rooted in the NPA’s prosecutorial policy, which permits accused individuals to submit their version of events for consideration, a process designed to ensure justice and fairness in complex cases.
Mjonondwane explained that Chauke’s assessment was based on extensive review, including consultations with investigators and other prosecutors. She emphasized that the NPA must exercise discretion “without fear, favour, and prejudice,” per the South African Constitution. However, this outcome has divided public opinion, with critics questioning the independence of the NPA in high-profile cases involving prominent political figures.
Andile Lungisa’s Response: A Perspective on Political Targeting
One of the most vocal supporters of the NPA’s decision to drop the charges has been Andile Lungisa, an ANC National Executive Committee member. Lungisa praised the decision, framing it as a necessary correction against what he described as the misuse of the NPA to target political figures for purposes other than justice. Lungisa, who has long argued that the NPA has been “weaponised” against certain ANC members, issued a public congratulation to Kodwa, remarking, “We stood publicly with Cde Zizi Kodwa because we knew he had no case to answer. Congratulations, Zizi.”
Lungisa’s perspective reflects a wider sentiment among certain ANC members who believe that legal action against high-ranking politicians often has a political undertone. For these critics, the withdrawal of charges against Kodwa is indicative of a justice system that may be vulnerable to influence or selective prosecution, eroding public trust in the impartiality of South Africa’s legal institutions.
Shamila Batohi’s Role and the NPA’s Commitment to Transparency
Batohi’s decision to review Chauke’s judgment on Kodwa’s case is notable given her mandate to restore public confidence in the NPA. Since her appointment in 2018, Batohi has faced the dual challenge of addressing high-profile cases involving corruption and political influence while striving to reinforce the NPA’s reputation as an independent entity. This latest review may well serve as a litmus test for her leadership and the NPA’s commitment to justice.
Batohi’s approach signals a commitment to upholding the principles of accountability and transparency, which are vital for a prosecutorial body often under scrutiny for its handling of politically sensitive cases. By responding to the Hawks’ request for a review, Batohi is positioning the NPA as an institution willing to re-examine decisions, even when they involve prominent political figures, thus affirming the NPA’s dedication to thorough and unbiased investigations.
Kodwa’s Resilience Amidst Public Scrutiny
Kodwa’s handling of the allegations against him has been marked by resilience and restraint. Following his arrest, he promptly resigned from his ministerial post, stating that it would be “inappropriate” to serve while facing such serious accusations. He also chose to comply with the ANC’s step-aside rule, temporarily withdrawing from party activities as he addressed the charges against him.
Throughout the process, Kodwa maintained a low profile, adhering to advice from his legal counsel, Zola Majavu, to avoid media engagements until the case reached a resolution. Upon the announcement that charges had been dropped, Majavu expressed relief, stating, “It’s about time that I unleash my client so he can speak for himself… I had advised him to stay out of the media, painful as it was, but now he is free to speak as a vindicated man.” This measured response underscores the emotional toll the case has taken on Kodwa, who, despite the controversy, has remained committed to both the legal process and his political principles.
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