The Minister of Sports, Arts and Culture, Zizi Kodwa and businessman and director of Tactical Software Systems (TSS) and former Senior Executive of Enterprise Outsourcing Holdings (EOH), Jehan Mackay, appeared at the Johannesburg Specialised Commercial Crime Court facing charges of Contravention of the Prevention and Combating of Corrupt Activities Act (PRECCA) and Corruption.
They were released on R30 000 bail and will return to court on 23 July as the case was postponed for disclosure of the contents of the docket to the accused, by the state.
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/or 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 and communication between the two 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 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 and that the President of the Republic of South Africa, Cyril Ramaphosa should consider the position of Kodwa as Deputy Minister of State Security because of his tainted relationship with Mackay.
The case forms part of the National Prosecuting Authority’s (NPA) response to the findings and recommendations of the State Capture Inquiry. In trying to meet the demands emanating from the commission’s reports, the NPA established a joint task force in November 2022, comprising various law enforcement agencies like the Special Investigating Unit (SIU), the Directorate for Priority Crime Investigation (DPCI) and the Financial Intelligence Centre (FIC) to ensure collaboration and a coordinated structure that is case driven.
We continue to guide and monitor investigations in cases emanating from the commission’s reports to ensure that alleged perpetrators of state capture face justice. This case builds on the dozens of enrolments of high-profile state capture corruption matters and the convictions of hundreds of government officials for corruption over the past five years.
Issued by: Phindi Mjonondwane NPA Regional Spokesperson-Gauteng Division,Johannesburg.
