Kodwa intends to plead not guilty in alleged 'kickbacks' case, granted R30k bail

Corruption-accused and former minister of sports, arts and culture Zizi Kodwa, 54, intends to plead not guilty to allegations of corruption. 

Kodwa and former EOH boss Jehan Mackay were arrested on Wednesday morning and appeared at the Palm Ridge commercial crimes court. 

Both were granted bail of R30,000 each.

The case emanates from the state capture commission, which heard testimony that Kodwa was allegedly paid R1.6m in kickbacks by Mackay during his time as state security deputy minister.

Magistrate Sharon Soko-Rantao said both men had managed to prove on a balance of probability that they were candidates for bail. 

The court heard that Mackay and Kodwa were known to the public and were not flight risks. The court ordered both to attend all proceedings until the matter is finalised.

“Remain in attendance until your name is called. If you fail to do so, a warrant of arrest will be authorised immediately against you. The bail will be cancelled and bail money will be forfeited to the state,” said Soko-Rantao.

She requested that the passports of both, which had already been handed over to the investigating officer (IO), be retained until the matter is finalised. 

“If there is a movement that is warranted outside the country the IO should be informed of that movement so that the IO can know about your movement.”

She said the National Prosecuting Authority (NPA) should be informed about the men's intentions to move and movement.

They were also ordered not to contact witnesses. The case was postponed to July 23 for disclosure of the docket contents to the defence and consultations for pretrial preparations.

In his bail application affidavit, Kodwa said he intended to plead not guilty. He was willing to co-operate with police and the court and would abide by any bail conditions imposed on him.

Disclosing his personal circumstances, he said he lived in Dainfern, Johannesburg, with his wife Zama and two children aged six years and six months. 

Mackay, 47, said he held dual South African and Canadian citizenship. He has lived here for the past 25 years and does not intend to abscond trial, during which he will plead his innocence.

He lives in Bryanston on a property belonging to a family trust. He has a daughter who lives in Morningside with his ex-wife and a son who lives in Brazil. 

Mackay said he earns R80,000 a month and occasionally receives dividends from the trust.

Kodwa's legal representative Adv Jola Majavu told the court during his bail application that he was instructed to firmly state on record that he “does not locate himself above the law”. 

“It is unfortunate because he is a politician which is a matter of public record that anything which pertains to his rights is even violated by those who are supposed to protect his rights,” Majavu said. 

His client was co-operating with the investigating team and had made himself available when requested to do so by the investigating officer.

He said Kodwa's imminent arrest had been publicised in the media.

“I only as his legal representative have a sight of it today. Literally in court and is a carbon copy of what is contained herein. I am simply asking the court to take judicial notice of that because it does implicate directly on his rights,” Majavu said. 

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