Mackay says insufficient evidence to prove he bribed Kodwa in exchange for govt tenders

JOHANNESBURG - The former boss of Enterprise Outsourcing Holdings (EOH), Jehan Mackay, said there was insufficient evidence to prove that he bribed former African National Congress (ANC) spokesperson, Zizi Kodwa, in exchange for government tenders.

Mackay and Kodwa appeared at the Palm Ridge Specialised Commercial Crimes Court on Wednesday, where they face two charges of corruption and violating the Prevention and Combating of Corrupt Activities Act.

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It's alleged that between 2014 and 2016, Mackay paid Kodwa kickbacks amounting to R1.7 million for facilitating government tenders for the information technology (IT) company.

In court, it was revealed that Mackay made an application to the regional head of the Specialised Commercial Crimes Unit to have all his charges withdrawn. The application was rejected.

Mackay’s legal team said it would be escalating the application to the director of public prosecutions (DPP), as it believed the State’s case was weak.

Gauteng’s National Prosecuting Authority (NPA) spokesperson, Phindi Mjonondwane, said on the State’s side, they were ready to proceed to trial. However, they would have to wait for the outcome of Mackay’s application.

"This is part of recourse mechanisms that we have as the criminal justice system, specifically the NPA, where the accused person has a right to lodge such representations up to the Office of the National Director of Public Prosecutions."

The matter has been postponed to 10 September for a decision from the DPP on Mackay’s application.