MEDIA STATEMENT
Johannesburg, Friday, 1 November 2024 – Today’s decision by the National Prosecuting Authority (NPA) to withdraw corruption charges against former Minister of Sports, Arts and Culture Zizi Kodwa and businessman Jehan Mackay reflects the troubling and ongoing challenges faced by South Africa’s prosecutorial bodies in tackling corruption and holding powerful individuals accountable. Public Interest SA views this outcome as a testament to the systemic failings within the NPA, which have undermined public confidence in the criminal justice system and cast serious doubt on the prospect of accountability for state capture-related corruption.
The decision, announced by the State at the Palm Ridge Commercial Crime Court, follows representations made by the accused and was formaliSed through correspondence from Johannesburg's Director of Public Prosecutions, advocate Andrew Chauke. No reasons were provided to the court or the public for this withdrawal. The lack of transparency in this high-profile case adds to a mounting perception that the NPA’s handling of politically connected individuals lacks both consistency and effectiveness.
Tebogo Khaas, chairperson of Public Interest SA, remarked on the significance of this outcome, citing an adage from US legal circles popularised by Sol Wachtler, former chief judge of New York’s Court of Appeals, which underscores the ease with which charges should be obtained given sufficient evidence. "There’s a facetious saying in US legal circles about the ease with which prosecutors could secure grand jury indictments: ‘You can get a grand jury to indict a ham sandwich.’ This adage now rings true here in South Africa, where it seems the NPA and Hawks’ bungled probe has resulted in the unfortunate withdrawal of corruption charges against Mr Kodwa and Mr Mackay," said Khaas. "This case, emblematic of the challenges facing our prosecutorial bodies, demonstrates the NPA’s inability to secure effective and timely outcomes in cases central to public trust and democratic integrity."
Public Interest SA believes the withdrawal not only harms the credibility of the NPA but also creates an environment where corrupt practices continue unchecked, eroding public confidence in the government’s commitment to justice. The charges against Kodwa and Mackay, which initially accused Kodwa of receiving bribes totalling R1.6 million during his tenure as ANC national spokesperson, symbolised an opportunity to hold influential figures accountable. Instead, the NPA’s decision without adequate explanation raises concerns about the agency’s capacity and resolve to pursue corruption effectively.
Khaas concluded by urging the NPA to act decisively to restore public faith by demonstrating a clear commitment to robust and independent investigations. “South Africa deserves accountability, transparency, and a justice system that works without fear or favour. Public Interest SA remains dedicated to advocating for these values to restore trust in our democracy,” Khaas stated.
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UPDATE (20:30):
Public Interest SA welcomes National Prosecuting Authority (NPA) head Shamila Batohi’s announcement to review the recent decision by Gauteng’s Director of Public Prosecutions, Advocate Andrew Chauke, to withdraw corruption charges against former ANC spokesperson, Zizi Kodwa. The review comes in response to a request from the Directorate for Priority Crime Investigation (Hawks) for an independent assessment of the charges' withdrawal.
We believe that this review is a critical step toward ensuring accountability in cases of alleged public sector corruption and a reaffirmation of the NPA’s commitment to transparent and impartial prosecution processes.
Public Interest SA is committed to the pursuit of transparency and accountability in prosecutorial decisions, particularly in cases involving allegations of state capture. We are, however, left wondering why Chauke, with a massive dark cloud hanging above his head, is still tasked with making critical prosecutorial decisions related to state capture. It is our hope that this review signals a renewed commitment from the NPA to uphold impartiality and the rule of law in all prosecutorial matters.
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Image: Iavan Pijoos/News24
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Public Interest SA
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