Prosecutors have an inherent responsibility to act independently, without favour or prejudice when making decisions about cases to pursue.
Their decisions must be based on objective facts and driven by the interests of justice.
We must emphasise that the transparency of their decisions is important for public confidence, not only in the prosecuting authority but for the criminal justice system more broadly.
This is why the National Prosecutions Authority’s decision to drop charges against former minister Zizi Kodwa and his co-accused Jehan Mckay with no clear explanation is perplexing.
Kodwa and McKay were charged with corruption in June.
At the time the NPA said Kodwa, while he was the ANC’s spokesperson, had used his political influence in favour of McKay receiving government tenders.
In exchange, the NPA previously said, McKay paid various amounts to Kodwa while catering to his flashy lifestyle.
Part of its evidence was a text from McKay to Kodwa in 2015 asking him to engage with the chairperson of a tender committee, saying “games were being played”, presumably to disadvantage him from getting the tender.
Kodwa never denied receiving money from McKay but he has always maintained that these were loans from a friend.
On Friday, the Gauteng director of prosecutions withdrew charges, following what the NPA said were representations made by Kodwa and Mckay.
Based on those representations, the prosecution believed the case had no prospects of success.
Not convinced, the Hawks approached the national director of public prosecutions, Shamila Batoi to review the decision. Her final decision is pending.
What is concerning, however, is that the public does not know the basis on which the decision to withdraw charges was made.
The fact that such a decision remains highly contested by the investigators of the case raises significant doubt about whether, in dropping the case, the director of prosecutions acted in the interest of justice.
Kodwa is a politician who, despite his claim to the contrary, had significant political influence.
The public deserves to know if such influence was used unduly for his personal gain.
If not, we deserve to know where investigators got their version wrong.
Either way, the decisions of prosecutors in this case can only enjoy confidence when they are transparent.
SowetanLIVE
SOWETAN SAYS | NPA, play open cards on Kodwa
Image: Brenton Geach
Prosecutors have an inherent responsibility to act independently, without favour or prejudice when making decisions about cases to pursue.
Their decisions must be based on objective facts and driven by the interests of justice.
We must emphasise that the transparency of their decisions is important for public confidence, not only in the prosecuting authority but for the criminal justice system more broadly.
This is why the National Prosecutions Authority’s decision to drop charges against former minister Zizi Kodwa and his co-accused Jehan Mckay with no clear explanation is perplexing.
Kodwa and McKay were charged with corruption in June.
At the time the NPA said Kodwa, while he was the ANC’s spokesperson, had used his political influence in favour of McKay receiving government tenders.
In exchange, the NPA previously said, McKay paid various amounts to Kodwa while catering to his flashy lifestyle.
Part of its evidence was a text from McKay to Kodwa in 2015 asking him to engage with the chairperson of a tender committee, saying “games were being played”, presumably to disadvantage him from getting the tender.
Kodwa never denied receiving money from McKay but he has always maintained that these were loans from a friend.
On Friday, the Gauteng director of prosecutions withdrew charges, following what the NPA said were representations made by Kodwa and Mckay.
Based on those representations, the prosecution believed the case had no prospects of success.
Not convinced, the Hawks approached the national director of public prosecutions, Shamila Batoi to review the decision. Her final decision is pending.
What is concerning, however, is that the public does not know the basis on which the decision to withdraw charges was made.
The fact that such a decision remains highly contested by the investigators of the case raises significant doubt about whether, in dropping the case, the director of prosecutions acted in the interest of justice.
Kodwa is a politician who, despite his claim to the contrary, had significant political influence.
The public deserves to know if such influence was used unduly for his personal gain.
If not, we deserve to know where investigators got their version wrong.
Either way, the decisions of prosecutors in this case can only enjoy confidence when they are transparent.
SowetanLIVE
Charges against Zizi Kodwa and co-accused withdrawn
Batohi to review withdrawal of charges against Kodwa after Hawks’ request
Here's why NPA dropped charges against Zizi Kodwa and Jehan Mackay
WATCH | Former minister Zizi Kodwa and Jehan Mackay appear in court
Would you like to comment on this article?
Register (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Trending
Latest Videos