Zizi Kodwa to remain an MP despite graft charges

Former cabinet minister Zizi Kodwa will remain an MP despite being charged with corruption.

This is according to ANC secretary-general Fikile Mbalula, who on Wednesday informed the party’s national executive committee (NEC) that despite the step-aside rule, Kodwa would remain an ANC MP.

The step-aside provision, Mbalula said in his letter, which TimesLIVE has seen, only bars Kodwa from holding a position of authority such as a minister, deputy, MEC or chair of a committee, but does not prohibit him from being an MP.

Mbalula’s letter, dated June 26, comes after questions were raised by the party’s veterans league about Kodwa’s eligibility to represent the party in parliament after being charged for corruption.

He is alleged to have received kickbacks from EOH’s Jehan Mackay. The charges stem from evidence presented at the state capture commission of inquiry.

Kodwa appeared in the Johannesburg specialised commercial crimes court alongside Mackay earlier this month.

He subsequently resigned as minister of sport, arts & culture and was not sworn in with the rest of the ANC MPs as it was unclear whether his case would affect his standing. Kodwa was, however, sworn in as an MP this week.

The veterans league said it was “incomprehensible that comrade Kodwa has now been sworn in as an MP” despite being charged.

This, Mbalula said in his letter to the NEC, was because the NEC had decided against adopting a report by national officials recommending the removal of anyone from the list of prospective candidates. “The NEC decided that these matters should be held in abeyance for further consideration after the 2024 [elections]. Accordingly, the NEC did not adopt the recommendation by the national officials that certain comrades should be ineligible to stand as an ANC candidate.”

Mbalula said he had informed the party’s chief whip, Mdumiseni Ntuli, about how Kodwa’s participation as an MP should be managed. The secretary-general’s office had written to the chief whip “drawing his attention to ... provisions of the Proposed Terms and Conditions for the Participation of Members, Elected Office Bearers and Public Representatives who have stepped aside voluntarily”.

These included that Kodwa may not occupy an executive position or any position of responsibility in the caucus and that he may not represent the ANC in any public forums or make any pronouncements regarding the party.

Kodwa must, however, attend sittings of parliament and committees he belongs to and vote on behalf of the ANC.

“During the period that a public representative steps aside, s/he will be entitled to remuneration and other benefits in line with her/his conditions of employment,” said Mbalula.

“We trust that the above clarifies the position regarding the membership of certain comrades of the National Assembly in terms of the relevant ANC conference resolutions and NEC decisions. As indicated above, the special NEC meeting on March 7 decided that these matters should be discussed further after the [election] at a regular NEC meeting.” 

TimesLIVE