The case against former Minister of Sports and Recreation, Zizi Kodwa, and former EOH Senior Executive, Jehan Mackay was postponed to 21 August 2024 for the state to respond to the application by Kodwa for further particulars.
The state disclosed the contents of the docket and will now consider Zodwa’s application for further details.
They both face charges of Contravention of the Prevention and Combating of Corrupt Activities Act (PRECCA) and Corruption. They are out on R30 000 bail.
The state alleges that during the period from April 2015 to February 2016, when Kodwa was employed as the National Spokesperson of the African National Congress (ANC), he received direct payments and luxury accommodation worth over R1,6 million paid by and facilitated by Mackay as gratifications for his interventions in government procurement processes to advance the interests of Mackay, TSS and EOH.
In February 2015, the State Information Technology Agency (SITA), a state-owned company charged with the responsibility of IT services to the government, advertised a tender worth R360 million for the appointment of two separate service providers for the provision of platinum access service solution for the government for five years as SITA could not render the said service. Nine companies, including EOH, were shortlisted for the tender.
Communication between the accused suggests that EOH was disqualified, and that Mackay then approached Kodwa for his intervention, which allegedly resulted in the tender being cancelled.
The case stems from the recommendations penned by retired Chief Justice Raymond Zondo in part four of his reports into allegations of state capture.
Part four of the report specifically dealt with corruption and fraud in the public sector, including state organs. Zondo had presided over the Judicial Commission Inquiry into state capture and upon conclusion of its work, recommended that law enforcement agencies should investigate attempts by Mackay, to induce Kodwa to interfere with procurement processes.
At the moment Kodwa is still a Member of Parliament after being sworn in again amid controversy over his eligibility to be fit for Parliament as he has been charged with corruption.
According to the ANC’s step-aside rule or Rule 25, any person charged with corruption may not be eligible to hold office either as MEC or MP.
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