Free State asbestos trial: Investigating officer denies misleading US over Cholota's extradition

The Citizen

05-05-2025

Ace Magashule's former personal assistant is challenging the legality of her extradition.
Former Free State premier Ace Magashule speaks to his former PA Moroadi Cholota at Bloemfontein High Court on 15 April 2025. Picture: Gallo Images/Mlungisi Louw
The state has denied misleading the United States (US) government to secure the extradition of Moroadi Cholota, former personal assistant to ex-Free State premier Ace Magashule.
A trial-within-a-trial began on Monday at the Free State High Court in Bloemfontein as part of the R255 million asbestos corruption case.
Cholota is contesting the court's jurisdiction and the legality of her extradition from the US.
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She was extradited to South Africa on 8 August 2024 to face charges alongside Magashule and 16 others related to fraud and corruption.
Money laundering charges against her were recently withdrawn after the US declined to extradite her on those grounds.
She stands accused of facilitating illicit financial transactions on Magashule's behalf and is currently out on R2 500 bail.
Moroadi Cholota's extradition process
During Monday's proceedings, the state's first witness, the Directorate for Priority Crime Investigation (Hawks) lead investigating officer Benjamin Calitz, testified about Cholota's initial agreement to cooperate as a state witness in the asbestos case, and her later change of stance.
He recounted how she was first interviewed on 22 September 2021 in US, where she was residing at the time while studying at Bay Atlantic University in Washington D.C.
The interview allegedly involved Calitz, another police officer, and an agent from the US Federal Bureau of Investigation (FBI).
Calitz said Cholota was questioned over specific emails linked to the asbestos tender corruption.
'We wanted clarity on who specifically she said gave her those instructions, although the emails named the premier,' he said.
READ MORE: Lawyer says Magashule's former PA Moroadi Cholota is being charged based on evidence she gave as state witness
He indicated that additional questions were related to contractors and other potential suspects.
However, Cholota repeatedly responded that she didn't understand the relevance of the questions, which Calitz described as 'strange', especially since she had initially agreed to fully cooperate as a state witness.
At that point, Calitz told Magashule's former PA that he thought it would be best for her to contact a legal representative.
He warned that if she didn't begin answering questions honestly and directly, the investigators might have to change the nature of the interview.
'[I informed her] she might be considered as a suspect due to the fact that the emails implicated her already.'
Watch the trial below:
A second meeting occurred the next day, 23 September, at the South African embassy in Washington D.C, where tensions reportedly escalated.
'She didn't want to answer; she didn't like the questions that we asked,' Calitz said, describing the session as 'aggressive'.
A warrant of arrest was subsequently issued thereafter.
Allegations of threats denied
Calitz rejected claims that Cholota was not charged because she refused to implicate Magashule.
'That is not correct. The question relating to her previous boss, the premier, that was straightforward as the emails indicated.'
He also dismissed the suggestion that telling Cholota to get a lawyer was a threat.
READ MORE: Free State asbestos trial: Sodi challenges state capture evidence as Magashule complains about witness list
'There's no purpose in threatening a person [because] the final decision to prosecute is made by the prosecutor after all the evidence is compiled.
'We do not make that decision. So there's no purpose in us [making threats], either the person who works with us or the person who works against us. It's that person's decision.'
In response to accusations that Cholota's arrest and charges were politically motivated, Calitz remarked that there was no truth in the claim.
Calitz also addressed arguments raised by Cholota's legal team that South African authorities had misled the US by describing her as a fugitive and a flight risk with ties to Kenya.
Calitz clarified the circumstances around her travel.
He told the court that it was the US authorities who followed up on the detail about Kenya's layover flight themselves, and the claim that she was a flight risk was not part of the extradition application.
'The extradition is based on the facts of the case. The ties with another African country would come into play during her bail application.'
It was previously reported that Cholota's son lived in Nigeria with his father.
READ MORE: Judge insists R255m Free State asbestos corruption trial must proceed
When asked whether Cholota's travel to Kenya or her fugitive status were mentioned before the Maryland District Court, Calitz said he could not recall.
'I would lie if I say yes. I cannot recall. I think not, but I cannot say for certain, unfortunately.'
Regarding the claim that her extradition was unlawful and the South African court had no jurisdiction, the witness responded that the US had all the necessary information to make its decision.
'[The US] actually said that we aren't allowed to charge her with money laundering, and we complied with that.'
Calitz further denied any misrepresentation of the charges to the US, stating that the US authorities had confirmed the charges of fraud and corruption.
'Nothing was withheld. Nothing was fabricated. It was documents legally obtained from various individuals and institutions,' the investigator added.
Moroadi Cholota challenges US extradition
This is not the first time Cholota has challenged the legality of her extradition.
She had initially contested a 7 June 2024 US court ruling allowing her extradition, but her appeal was unsuccessful.
Her application to South Africa's Constitutional Court (ConCourt) on 26 July 2024 was dismissed for lacking urgency and not meeting the requirements for direct access.
Subsequently, Cholota's attempt to have her charges dropped was rejected by the Free State High Court on 26 August.
Earlier this year, the same court dismissed her bid to have her arrest and extradition declared unlawful.
Cholota plans to appeal the 23 January ruling in the Supreme Court of Appeal (SCA).
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