The National Prosecuting Authority (NPA) has dropped corruption charges against former cabinet minister and ANC national executive committee member Gigi Kodwa. Photo: Freny Shivambu/Gallo Images
The National Prosecuting Authority (NPA) has dropped corruption charges against former cabinet minister and ANC national executive committee member Gigi Kodwa.
Charges of breaching the Prevention and Combating Corrupt Practices Act against Mr Kodwa and former EOH executive Jehan Mackay were dropped after representations were made to the Director of State Prosecutions, Andrew Chalk.
NPA spokesperson Phindi Mijonondwane said Chalk decided to drop the charges after “new developments” were revealed in statements made by both defendants in early October.
The pair were charged over R1.6 million in direct payments and benefits, including luxury accommodation, that Mr Mackay made to Mr Kodwa in 2015 and 2016, when Mr Mackay was the ANC's national spokesperson.
Mr Kodwa was arrested in July and resigned from parliament two days later, stepping back from his role in the ANC and government.
“The decision to abandon the prosecution is premised on grounds weakened by the successful defense submitted by the defendant to the DPP office,” Mijonondwane said.
He said the decision also took into account evidence in the docket, reports from prosecutors, the Regional Director of the Special Commercial Crimes Unit and the investigating officer of the case.
Mr Mijonondwane added that the chances of a successful prosecution had diminished given the “new developments” that had occurred since the initial decision to prosecute the matter.
“Part 6 of the NPA's Prosecution Policy Directive provides for a representation process by which defendants may request a review of the prosecution decision as a remedy available to them, and provides that defendants have the opportunity to submit their views. “It's a given event,” she said. “Their interpretation will then be weighed against the interests of justice, along with the factors listed above.”
“Despite the initial decision to prosecute, the Democratic Party is obliged to take due account of the fact that new developments have come to light and the circumstances have changed, making the prospects of a successful prosecution less likely,” Mijonondwane said.
