NPA to review decision over withdrawn charges against Kodwa

NPA

Cape Town — The National Prosecuting Authority (NPA) was asked to review the decision to withdraw the charges against former Minister of Sports, Arts, and Culture Zizi Kodwa.

The Director of Public Prosecution (DPP) announced on Friday that the charges against Kodwa were withdrawn. However, the Office of the National Director of Public Prosecutions (NDPP) received a letter from the Directorate for Priority Crimes Investigation (DPCI) requesting that the NDPP review the decision, a statement read.

“In terms of Section 179 (5) (d) of the Constitution, the NDPP may review a decision to prosecute or not to prosecute, after consultation with the relevant DPP and after taking representations within a specified period from the accused person; the complainant’ any other person or party whom the NDPP considers to be relevant,” NPA spokesperson, Mthunzi Mhaga said.

The NDPP would review the decision in line with the above-stated legal framework and communicate its decision.

ActionSA has welcomed the decision by the NPA’s Shamila Batohi to review the “irrational withdrawal” of the charges against Kodwa. The party was outraged at th decision, which felt was a contraciction of the NPA’s statements in July that expressed its confidence in a guilty verdict.

“Furthermore, ActionSA insists that while the review is welcomed, it offers little reassurance concerning the evident concerns about the prosecutorial conduct of the NPA, which in this instance appears questionable and reflects growing worries about the inadequate pursuit of corruption cases, especially against high-profile individuals,” Athol Trollip said.

ActionSA will await Advocate Shamila Batohi’s decision pending the outcome of her review of the earlier decision to withdraw the charges.

According to SowetanLIVE, the NPA decided to withdraw the corruption charges against Kodwa and his co-accused, Jehan Mackay, after realised the prospects of prosecuting him had diminished.

NPA spokesperson, Phindi Mjonondwane, said the decision to abandon the prosecution was premised on grounds militated by the successful representations lodged by the accused.

As result of the NPA’s decision, the DPP’s Andrew Chauke withdrew the corruption charges against the duo.

“In response to their representations, the DPP called the investigating officer to consult with them. This is after going through the contents of the dockets and satisfying himself about what he has evaluated or assessed in the dockets,” Mjonondwane said.

Mjonondwana said the NPA was not in a position to share the details contained in the duo’s representation as well as the factors that informed the DPP’s decision.

She said anyone who is dissatisfied with Chauke’s decision may still take the matter on review, especially those with a legitimate interest in the case.

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Compiled by Matthew Petersen

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