Former sports, arts, and culture Minister Zizi Kodwa has warned that he may seek a separation of trials due to further delays in his corruption case.
Kodwa and former EOH Group senior executive Jehan MacKay briefly appeared in the Johannesburg Specialised Commercial Crimes Court in Palm Ridge on Tuesday.
The two men are facing corruption charges in terms of the Prevention and Combating of Corrupt Activities Act (Precca) and the Prevention of Organised Crime Act.
It is alleged that Mackay paid bribes to Kodwa amounting to R1.6 million between April 2015 to February 2018 in the form of cash, luxury accommodation and other gratifications.
Kodwa and Mackay are currently out on R30 000 bail and intend to plead not guilty during the trial.
Zizi Kodwa corruption case delays
The corruption case has experienced numerous delays due to various interlocutory applications, with Mackay continuing his efforts to have the charges against him dismissed.
His first attempt to have the charges dropped, made to Gideon Nkoana, the head of the Specialised Commercial Crime Unit (SCCU), was unsuccessful.
Mackay has since escalated the matter to Andrew Chauke, the Director of Public Prosecutions (DPP) in Johannesburg, for a final decision.
During Tuesday’s proceedings, state prosecutor Neville Mogagabe informed Magistrate Phindi Keswa that the Director of Public Prosecutions (DPP) had not yet received Mackay’s application to dismiss all charges against him.
As a result, Mogagabe requested a postponement while the defence awaits the outcome of the former EOH executive’s application.
“The agreed upon date, obviously with the approval of this honourable court, is the 3rd of October for outcome.
“I think it should just be emphasised that such representations have not yet been received by the DPP’s office,” the prosecutor said.
Jehan Mackay to resubmit the application
Ian Small-Smith, representing Mackay, informed the court that his client’s application was personally submitted to the DPP on 13 August and expressed uncertainty as to how it had not been received.
“I had it hand-delivered to the DPP building. I received a proper indication that it was received in the building of the DPP,” Small-Smith said.
The attorney further explained that he contacted the DPP last week and was informed of the issue.
“It is an unfortunate state of affairs; we certainly do not intend to waste anybody’s time. In my client’s mind, it was submitted nearly a month ago. But I absolutely accept the word of the DPP that he personally has not received it yet.”
Small-Smith assured the court that the defence would re-submit the application and strengthen their representations.
“We now have the added advantage of that Mr Nkoana has given us reasons why he rejected it.
“So, I undertake to, in this week, have the representations resubmitted to Mr Chauke and I am sure that we will have a decision from him well in advance of the [3rd] of October.”
Kodwa threatens separation of trials
Kodwa’s legal representative, Advocate Zola Majavu, once again stressed that he was prepared to proceed to trial and had been ready “three moons ago”.
“My client is an officer-bearer, who as a result of this spurious case, has had to resign.
“It’s a matter of public record that he was a minister in the sixth national government and could have easily been a minister in the seventh national government.
“But because he does not locate himself above the law on the pain of his own conscience he decided that it would be best to resign so that he can focus on this criminal trial, which he respects.
“Now we are in a situation where he is co-charged with someone whose rights we equally respect, but the net impact of all of this Ping-Pong has a direct impact on him.”
Majavu stated that, after previously warning against further delays, the defence may now reconsider its stance.
“I’m giving a hint that in the fullness of time, we might consider bringing an application for a separation of trials.”
The advocate emphasised that Kodwa was being prejudiced by the delays.
“He plays in a political environment and where he goes he is [seen as] a skelm who’s taken some money corruptly. We are ready, we want our day in court.
“I hope that this is the last time we deal with interlocutory applications that have nothing to do with him. Metaphorically, they are joined by the hip, unfortunately,” Majavu told the court on Tuesday.
The case will return to court on 3 October.
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