‘What if she went on holiday': Hawks investigator grilled on ‘surprise' US trip for Magashule's ex-PA
Moroadi Cholota was extradited to South Africa from the US last August.
Former Free State premier Ace Magashule and former PA Moroadi Cholota at Bloemfontein High Court on 23 April 2025. Picture: Gallo Images/Mlungisi Louw
A Hawks investigator faced tough questioning from former Free State premier Ace Magashule's lawyer regarding the extradition of his former personal assistant, Moroadi Cholota.
The trial-within-a-trial resumed at the Free State High Court in Bloemfontein on Wednesday, following delays caused by the ill health of state witness Benjamin Calitz.
Calitz, the investigating officer in the R255 million asbestos corruption case, has been testifying in the trial-within-a-trial.
The hearing follows Judge Phillip Loubser's decision to allow Cholota to challenge both the court's jurisdiction to prosecute her and the legality of her extradition from the United States (US).
Cholota stands accused of facilitating illicit financial transactions on behalf of Magashule.
Court rules defence can cross-examine witness
After Calitz delivered his evidence-in-chief and was cross-examined last week by Cholota's legal representative, proceedings resumed with arguments from Advocate Laurence Hodes.
Hodes represents Magashule and controversial businessman Edwin Sodi and sought permission to cross-examine Calitz.
He argued that the state attempted to manipulate Cholota – originally a state witness – into implicating Magashule by extraditing her.
ALSO READ: Free State asbestos trial: Investigating officer denies misleading US over Cholota's extradition
His request for cross-examination was based on a transcript of an interview conducted between Calitz and Cholota in the US in September 2021.
Loubser ruled that Hodes could proceed with the cross-examination of Calitz but imposed strict limitations.
'The court will not allow any question to the present witness which will have a bearing on the merits against accused 13 [Magashule].'
Cop grilled over Moroadi Cholota interview
During the cross-examination, Hodes challenged Calitz over whether Cholota had been informed in advance of his trip to the US to interview her.
'Instead, you remained silent and arrived without any prior notification to her,' Hodes said – an assertion Calitz did not dispute.
'You went all the way to America; everything was sorted out, but not once did you bother to say, 'Let's make sure she's there. What if she went on holiday, or what if she is not available?'
READ MORE: Lawyer says Magashule's former PA Moroadi Cholota is being charged based on evidence she gave as state witness
Calitz responded by clarifying that it had not been his responsibility to handle communication.
The issue of prior notification was also raised last week by Cholota's lawyer, Advocate Loyiso Makapela, who argued that his client had been 'ambushed' when investigators arrived unannounced with agents of the Federal Bureau of Investigation (FBI) at her Baltimore residence, leaving her unprepared for the interview.
SA authorities sought clarification from Moroadi Cholota
While Calitz agreed with Hodes that evidence existed implicating Cholota, he firmly denied that this was used to pressure her into turning against Magashule.
The witness contended that the purpose of the trip to the US was to clarify email communications in which Magashule was named.
He argued that Cholota's explanation could potentially have cleared her of wrongdoing.
Calitz also rejected the notion that Cholota would have become a Section 204 witness simply by implicating Magashule.
'I don't think that would be a 204; that would be an explanation on the questions that we asked,' he said.
A witness who may be implicated in a crime can testify against co-accused individuals in exchange for immunity from prosecution under Section 204 of the Criminal Procedure Act (CPA).
Cholota was extradited to South Africa in August 2024 to face charges alongside Magashule and others related to fraud and corruption.
Money laundering charges against her were recently dropped after the US declined to extradite her on those specific grounds.
The trial will continue on Wednesday.
NOW READ: Free State asbestos trial: Sodi challenges state capture evidence as Magashule complains about witness list
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Citizen
17 hours ago
- The Citizen
‘He seems to be walking fine': Video contradicts Longwe Twala injury claim in Senzo Meyiwa murder trial
The state led new evidence in court on Wednesday. Longwe Twala is seen leaving the Randburg Magistrate's Court after his appearance on 25 September 2024. Picture: Gallo Images/Luba Lesolle The lead investigator in the Senzo Meyiwa murder case has refuted claims implicating Longwe Twala, son of prominent music producer Sello 'Chicco' Twala, in the killing of the former Bafana Bafana captain. Brigadier Bongani Gininda returned to the witness stand at the Gauteng High Court in Pretoria on Wednesday to testify on new evidence. New evidence in Senzo Meyiwa murder trial During the proceedings, state prosecutor George Baloyi introduced a two-minute video clip sourced from broadcaster eNCA. The footage was brought in response to an earlier claim made by the late defence lawyer Thulani Mngomezulu during his cross-examination of Gininda. Mngomezulu had alleged that Longwe killed Meyiwa using a .38 Special revolver and accidentally shot himself in the foot in the process. According to Mngomezulu, Longwe later sought medical treatment for a septic wound, with the bullet purportedly removed at Rand Hospital. Longwe was among the individuals present at singer Kelly Khumalo's family home in Vosloorus, Ekurhuleni, on 26 October 2014, when the former Orlando Pirates goalkeeper was fatally shot. ALSO READ: Tensions rise again in Senzo Meyiwa murder trial over 'hired gun' remark, evidence tampering claims Describing the video footage, Gininda testified that it showed Longwe walking towards Meyiwa's BMW X6, which was parked at the Khumalo residence. 'Are you able to comment regarding the movement or the gait of the person that you've identified as Mr Longwe Twala?' Baloyi asked. 'Well, yes, he seems to be walking fine, contrary to what was put to me that… he was limping and there was a shooting on the ankle.' 'So that's what I see on the footage; it's not an indication of someone who sustained an injury, particularly a bullet wound injury on the ankle,' Gininda responded. Watch the trial below: The police officer further testified that the footage was believed to have been taken the day after Meyiwa's murder, according to state records. 'Although there's no date there, if one follows the sequence of the events, and my understanding of the request that was put to eNCA from the state's side was that it was a request for the video or activities of the 27th of October 2014. 'That is the following day subsequent to the incident took place, the murder of the deceased.' 'Based on that, I will put then the date of the 27th of October 2014 during the day because one can see that was during the day and the incident would have taken place at night, according to the docket.' Five men charged Five men – Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Mncube, Mthokoziseni Maphisa and Fisokuhle Ntuli – are on trial for Meyiwa's murder. The accused have been charged with murder, attempted murder, robbery with aggravating circumstances, possession of an unlicensed firearm, and possession of ammunition. All five men have pleaded not guilty. According to Sibiya and Ntanzi's confession statements, Khumalo ordered the hit on Meyiwa. NOW READ: Gold tooth mystery: Disputed photos take centre stage in Senzo Meyiwa murder trial
eNCA
17 hours ago
- eNCA
Court halts burial of Zambian ex-president mid-ceremony
PRETORIA - A South African judge halted on Wednesday the burial of former Zambian president Edgar Lungu while the funeral service was underway, in an escalation of a standoff between his family and the government. Lungu, who died on 5 June while seeking medical care in South Africa, was a rival of President Hakainde Hichilema, who wanted to lead a state funeral for his predecessor in Zambia. Lungu's family opposed the plans and blocked his body from being repatriated, saying he would not have wanted Hichilema at his funeral. Zambia in turn filed a lawsuit seeking to stop the burial in South Africa. In a ruling delivered as Lungu's widow and other mourners were already gathered in the church, a Gauteng region High Court judge said that, after an agreement between the parties, "respondents undertake not to proceed with the funeral or burial of the late president". The case will be heard on 4 August, he said, in a decision that was carried by the SABC which also showed live images of people gathered for the service for Lungu, president from 2015 to 2021. The adjournment "is extending the pain, the grief, that the family and the people are going through", Zambian lawmaker Chanda Katotobwe, part of the delegation present at the memorial service, told SABC News. The cause of the former president's death at age 68 was not announced. He had been receiving specialised treatment in a clinic in Pretoria, his Patriotic Front party said.
IOL News
19 hours ago
- IOL News
Malusi Gigaba blocks airing of porn allegations interview
Former government minister Malusi Gigaba has temporarily halted the broadcast of a highly anticipated episode of the Showmax series Untied, which features a tell-all interview with his ex-wife, Noma Mngoma. The court's decision to interdict the airing has caused a stir in both political and entertainment circles, as the episode reportedly reveals damaging allegations against the former minister. Untied, hosted by Relebogile Mabotja, is a new eight-part talk show exploring the realities of divorce through the personal experiences of South African women. The show includes guests such as Sonia Booth, Dawn Thandeka King, and Zandi Nhlapo. Mngoma's episode was expected to delve into intimate and controversial details from her tumultuous marriage to Gigaba. According to court papers, Gigaba approached the High Court after learning about the episode through a WhatsApp message from executive producer Vanessa Tloubatla in May. Tloubatla informed him that Mngoma had spoken about their past, including alleged infidelity, addiction to pornography, the use of state funds for personal gain, and the involvement of law enforcement in her arrest. Gigaba, who served as Minister of Home Affairs, Minister of Public Enterprises, and Minister of Finance between 2010 and 2018, claims the episode would severely damage his already fragile public image. In his affidavit, he stated that the show was not only prying into his private life but also making unproven and harmful accusations about his professional conduct during his time in office. The legal action names MultiChoice as the first respondent, Goat Originals as the second, and Mngoma as the third. Gigaba argues that the statements made by Mngoma infringe upon his dignity and violate his right to privacy. He also expressed concern that the content could undermine his efforts to rehabilitate his reputation after stepping away from politics.'Since resigning as a minister, I have tried to lead a private life and rebuild my name,' he said in the documents. 'I have not used public platforms to discuss or diminish the third respondent's character. Yet, she continues to do so with mine.' As part of the show's production process, Gigaba was offered an opportunity to respond to the allegations. He was given summarised content and selected clips from the interview. After viewing them, he instructed his lawyers to seek an urgent interdict. He claimed that Mngoma suggested his behaviour was inherited from his father and that he had never taken responsibility for his alleged actions. A short exchange shared in court between Mngoma and the show's host touched on accusations of extramarital affairs, screenshots of messages sent by other women, and references to Gigaba blaming his father for his behaviour. 'There is no truth to claims that I lived an extravagant lifestyle funded by taxpayers,' Gigaba responded. 'During the Zondo Commission, Mngoma herself stated under oath that I was financially struggling and she was the one purchasing household items.' The judge granted an interim interdict, preventing the release of the episode until the matter returns to court on 7 July for further consideration. Additional submissions from both parties are expected before then. The situation underscores the growing tension between public figures seeking to protect their reputations and content creators aiming to share unfiltered personal narratives. Whether the episode will eventually air remains uncertain, but it has already generated significant public interest. As the court date approaches, South Africans are left wondering whether the truth about one of the country's most controversial political relationships will ever fully come to light.
