Court set to hear Cholota's special plea
JOHANNESBURG - Former Free State premier Ace Magashule's ex-PA, Moroadi Cholota, is expected to test the Free State High Court's jurisdiction to try her when the asbestos corruption case resumes on Monday.
The court granted Cholota's special plea on the matter more than a week ago.
She said the court has no jurisdiction to hold her criminally liable in the fraud and corruption case, claiming her Hollywood-style extradition from the United States was unlawful.
Cholota was meant to be a key witness for the State in its case against her former boss in the Bloemfontein High Court, where he's accused of having a hand in the irregular R255 million contract to identify and eradicate asbestos roofing on low-cost houses.
Cholota later backtracked on the agreement.
READ: Free State High Court relaxes Moroadi Cholota's bail conditions
Her arrest followed in April last year before she was finally extradited from the US, where she was based, to stand trial alongside Magashule and his other co-accused.
All the co-accused pleaded not guilty when the trial got underway last month.
The main trial has now been paused to allow for a trial-within-a-trial to determine if the court has jurisdiction to hear Cholota's case.
It's unclear how long the matter is expected to run before the first witness can be called in the main trial.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
IOL News
2 hours ago
- IOL News
Ecentric Systems ransom attempt: Cyber extortionist jailed for cyber crimes
A cyber terrorist has been sentenced in the Bellville Specialised Commercial Crimes Court in Cape Town after trying to hold a company to ransom after breaching its security. A cyber terrorist has been sentenced by the Bellville Specialised Commercial Crimes Court in Cape Town for attempting to extort a company following a security breach. Lucky Majangandile Erasmus, 36, was charged with 20 offences, including cyber fraud, data theft, and attempted cyber extortion, and was convicted on 17 of those charges. He entered into a plea and sentencing agreement with the State. The Western Cape spokesperson for the Directorate for Priority Crime Investigation (known as Hawk), Warrant Officer Zinzi Hani, said Erasmus and his co-accused, both ex-employees, loaded software onto the Ecentric Systems, which allowed them remote access.
The Citizen
3 hours ago
- The Citizen
‘Intention is to break us': Magashule says Free State asbestos trial delay disrupts 2026 election plans
The former Free State premier maintained that the case was politically motivated. Former Free State premier Ace Magashule appears in the Bloemfontein High Court on 15 April 2024. Picture: Gallo Images/Mlungisi Louw Former ANC secretary-general Ace Magashule has voiced his frustration over further delays in his R255 million Free State asbestos corruption trial. The Free State High Court in Bloemfontein has postponed the case to next year, citing scheduling conflicts involving Judge Philip Loubser and members of the defence team. When proceedings resume on 26 January 2026, Magashule will be tried alongside 16 others, excluding his former personal assistant, Moroadi Cholota. Loubser ruled on Tuesday that the court lacked jurisdiction to prosecute Cholota on corruption charges due to her unlawful extradition from the United States (US). Her removal from the case will stand unless the National Prosecuting Authority (NPA) successfully overturns the judgment on appeal. Magashule reacts to Free State asbestos trial delay Speaking to the media afterwards, Magashule criticised the state for contributing to repeated delays. 'We want to show that we are innocent. We want to show that we have cooperated with the state. So they can't always come here and waste our time and postpone.' He maintained that there was no legitimate case against him or his co-accused. 'They are trying to cook, but we will ultimately expose them, that's what I know, and that's why we are ready.' Magashule also pointed out the financial burden of the prolonged legal battle, which has persisted since his arrest in 2020. 'It's costly for us.' ALSO READ: NPA 'taken aback' over Moroadi Cholota extradition ruling, hints at appeal He added that the ongoing trial conflicts with his political commitments, especially with the 2026 local government elections approaching. 'Next year is election year; campaigns must actually start.' Magashule reiterated his belief that the charges are politically driven. 'The intention is to break us. The intention is to demoralise people about us. The intention was to deal with our political careers. The intention is to disrupt us all the time, and unfortunately, we are standing resolute. 'We have fought against apartheid; we will continue fighting against injustices. And we are ready to do so. They can't break us, we are not going to be cowards.' NPA to appeal Moroadi Cholota ruling Commenting on Cholota's removal from the case, Magashule questioned why he was still facing prosecution. 'I don't know why I am still in this box,' he said, adding that anyone who testified at the State Capture Commission should appear in the witness stand during the trial. 'It is their time to come here and prove that I am corrupt and received money from whoever. I deny all those things because this case was political.' Magashule also warned that the trial would backfire on the state. 'The state is playing games here. It is playing games. They know that they don't have a case, and they are still going to be embarrassed. They are going to be embarrassed. You will see.' READ MORE: 'Nothing I can do about it,' Judge tells Magashule as Free State asbestos trial postponed again NPA spokesperson Mthunzi Mhaga said the state intends to appeal the Cholota judgment, describing it as a case with 'far-reaching implications'. 'The state believes that there is evidence that implicates Ms Cholota and therefore would want to see her stand trial. 'Unfortunately, the judge is yet to provide us with a full written judgment upon which a decisive determination will be made on the grounds of appeal and a final decision will be made whether to apply for leave to appeal.' The appeal is scheduled to be heard on Friday, 13 June. In addition, the Democratic Alliance (DA) intends to call on the Department of Justice and the NPA to appear before Parliament to explain what it describes as 'yet another unacceptable failure in prosecuting state capture cases'. Magashule's co-accused in Free State asbestos trial Alongside Magashule, the accused include businessman Edwin Sodi, former Mangaung mayor Olly Mlamleli, former national Department of Human Settlements director-general Thabane Zulu, former Free State Human Settlements head Nthimotse Mokhesi, and the department's former supply chain director Mahlomola Matlakala. They face a range of charges, including fraud, corruption, money laundering, and violations of the Public Finance Management Act (PFMA). The charges relate to a 2014 R255 million asbestos removal tender awarded to the joint venture between Diamond Hill Trading and Blackhead Consulting by the Free State Department of Human Settlements, during Magashule's tenure as premier. It is alleged that R27 million in bribes were paid to government officials in connection with the contract. Cholota was accused of facilitating illicit financial transactions on Magashule's behalf. NOW READ: Free State asbestos trial: Sodi challenges state capture evidence as Magashule complains about witness list
Eyewitness News
6 hours ago
- Eyewitness News
State to appeal ruling on Moroadi Cholota's extradition from US
JOHANNESBURG - The State in the Free State asbestos trial has confirmed that it plans to appeal the Bloemfontein High Court judgment that overturned Moroadi Cholota's extradition from the US. Cholota, who is the former personal assistant of former Free State Premier Ace Magashule, was let off on a technicality when the court ruled that her 2024 extradition was unlawful and unconstitutional on Tuesday. Before then, she was among more than a dozen accused facing corruption charges in the R255 million asbestos case. ALSO READ: • Lawyer says it's up to Moroadi Cholota on whether she'll sue State for her unlawful extradition from US • FS asbestos corruption trial resumes in court without Cholota • State prosecutors and investigators' conduct under scrutiny after Cholota extradition overturned At the start of Wednesday's proceedings, State prosecutor, Advocate Johan de Nysschen, asked for another postponement to deal with the possible appeal. "The prima facie view is that we shall appeal this judgment, either by joining the Schultz matter, which is already before the Constitutional Court, or by approaching the SCA because we are of the view that the facts of this matter and the Schultz matter differ, so the Supreme Court of Appeal could come to a different conclusion in this matter." A frustrated Magashule stood up before court and protested the request. "The State has been saying it's ready but every time there is a postponement. It looks like we don't have rights because even next year, there will be postponements."
