‘Nothing I can do about it,' Judge tells Magashule as Free State asbestos trial postponed again

The Citizen

3 days ago

The trial was postponed to January next year.
Ex-Free State premier Ace Magashule and his former assistant, Moroadi Cholota, at Bloemfontein High Court on 23 April 2025. Picture: Gallo Images/Mlungisi Louw
The Free State asbestos corruption trial has faced another delay, as the state intends to appeal a ruling that allowed Moroadi Cholota to walk free.
The trial resumed on Wednesday at the Free State High Court in Bloemfontein, following Judge Philip Loubser's ruling a day earlier that upheld Cholota's special plea.
Cholota had challenged the court's jurisdiction on the basis that her extradition from the United States (US) was unlawful.
The ruling favouring ex-Free State premier Ace Magashule's former personal assistant means she won't stand trial for corruption alongside 17 others accused in the R255 million asbestos tender scandal.
State to appeal Moroadi Cholota judgement
During Wednesday's proceedings, state prosecutor Advocate Johan de Nysschen notified the court of the state's intention to appeal.
'The prima facie view is that we shall appeal this judgement,' De Nysschen said.
The prosecutor explained that, as a first option, the state may align its appeal with a case currently before the Constitutional Court (ConCourt).
That case stems from a 2024 Supreme Court of Appeal (SCA) ruling involving the extradition of South African-born artist Johnathan Schultz, in which the appellant court found that the National Prosecuting Authority (NPA) lacked the legal authority to initiate extradition requests, stating that this power rested with the minister of Justice.
ALSO READ: NPA 'taken aback' over Moroadi Cholota extradition ruling, hints at appeal
The NPA is currently challenging the Schultz ruling.
Alternatively, the state may proceed with a direct appeal of the Cholota judgement to the SCA.
'We are of the view that the facts in this matter and the Schultz matter differ, so the Supreme Court of Appeal could come to another decision in this matter.'
Watch the proceedings below:
Potential complications in Free State asbestos trial
De Nysschen requested a postponement until Friday, 13 June, to allow the state to study the judgement and prepare an application for leave to appeal.
'We will bring a complete and thorough application for leave to appeal very shortly. We cannot do that without a postponement.
'It was contemplated that we might continue with the trial against the rest of the accused, but the problem is that in our view, accused 17 [Cholota] forms an integral part of the bigger case,' the prosecutor said.
READ: Free State asbestos trial: State accused of ruining life of Magashule's ex-PA Moroadi Cholota
He stressed that proceeding without Cholota would complicate matters.
Should the appeal succeed, she could be reintegrated into the case. However, if evidence is led before that, a separate trial would be required.
'We will have to prosecute her in a separate trial, which is not conducive. It has huge cost implications and so forth.'
Magashule complains as Free State asbestos trial postponed
Loubser reviewed the case schedule and proposed that the trial be conducted during the first and early second terms of 2026.
'It is important for me to make progress with this case and show some sort of progress by the end of the year at least, but we will see if we can do so.'
A visibly frustrated Magashule then addressed the court to voice concerns over the ongoing delays.
'The state has always been saying they are ready. It looks like we don't have rights,' he said.
The former Free State premier added that the repeated postponements were 'costly' for himself and his co-accused.
In response, the judge acknowledged the frustration but pointed to logistical constraints.
READ MORE: 'What if she went on holiday': Hawks investigator grilled on 'surprise' US trip for Magashule's ex-PA
He highlighted that both he and the defence lawyers have other work commitments.
'There's absolutely nothing I can do about it, but I take note of what you are saying,' he told Magashule.
Loubser proposed that the trial should be pursued in the first and second terms of 2026, starting on 19 January and ending on 26 March.
The second term starts on 13 April and ends on 19 June.
He stressed that there was significant pressure to bring the asbestos trial to a conclusion, as it had been ongoing for an unreasonably long time.
'This trial cannot go on for the next 10 years. I won't allow it, so we will have to make amends where necessary,' Loubser said.
The case was postponed to 26 January 2026, with the state's appeal expected to be heard next week.
'I realise it's a bit early, but may you all have a happy Christmas,' Loubser jokingly said.