Latest news with #Magashule
The Citizen
4 days ago
- Business
- 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
IOL News
15-05-2025
- Business
- IOL News
NPA secures R32m preservation order in ongoing asbestos case
Free State high court grants Multi-Million Rand asset preservation order in Magashule asbestos case. Image: NPA and Oupa Mokoena The Free State High Court has granted the NPA a R32 million preservation order against Ace Magashule and others linked to the asbestos corruption and money laundering scheme. Included in the court order is a luxury Mercedes-Benz G63 AMG, allegedly purchased in cash for R2 million - a symbol of the lavish lifestyle funded by illicit gains. According to the NPA, the seized assets are believed to be the proceeds of a web of criminal activities, including theft, fraud, corruption, and money laundering, orchestrated at the expense of the Free State Department of Human Settlements (FSDHS). 'The involved individuals, companies, and trusts are alleged to have engaged in a complex web of financial flows, designed to strip the FSDHS of its much-needed resources," said NPA national spokesperson Mthunzi Mhaga. 'They were allegedly able to move the proceeds of crime through attorneys, real estate agencies, and high-end motor dealers.' The Asset Forfeiture Unit (AFU) has shown through financial flows that these properties were purchased with monies siphoned from the FSDHS, the statement read. "This preservation order follows a Restraint Order of R300 million granted to the unit by the High Court in September 2020. This was in respect of the same asbestos corruption and money laundering scheme. "The order will effectively put a freeze on and thwart any efforts to dissipate the very assets sought to be preserved." The NPA said this will provide for the subsequent forfeiture of these proceeds of crime to the state. Meanwhile, the NPA confirmed that various persons and entities are also criminally charged with multiple charges of fraud, theft, money laundering, corruption, contraventions of the PFMA, and contraventions of various sections of the Asbestos Regulations. Last month, businessman Edwin Sodi pleaded not guilty to charges of money laundering, fraud, and corruption in connection with the controversial R255 million Free State asbestos removal tender. Sodi, alongside former Free State Premier Magashule, are accused of orchestrating a scheme that diverted public funds intended for the removal of hazardous asbestos from homes in the province's poorest communities. The case, which has drawn significant national attention, involves 18 accused individuals and five companies. The R255 million contract was awarded in 2014 to a joint venture between Sodi's Blackhead Consulting and Diamond Hill Trading, owned by the late businessman Igo Mpambani. The State alleges that the contract was irregularly awarded, with kickbacks provided to some of the accused. Instead of effectively removing asbestos from about 30 000 homes, only R21 million worth of work was reportedly completed, with the remainder of the funds allegedly misappropriated. Both Magashule and Sodi have previously attempted to have the charges against them dismissed. In May 2023, the Supreme Court of Appeals dismissed their applications, stating that they had "no reasonable prospects of success" and that there was no compelling reason to hear their appeals. Cape Times
Eyewitness News
12-05-2025
- Politics
- Eyewitness News
Asbestos case: Court to decide if Magashule's lawyers can cross-examine 1st State witness
JOHANNESBURG - The Free State High Court is set to decide whether former premier Ace Magashule's lawyers will be granted permission to cross-examine the first State witness in the trial within a trial in the R255 million corruption saga. Monday is the start of the second week of a trial within a trial meant to determine if the court has jurisdiction to try Magashule's ex-PA, Moroadi Cholota, alongside her former boss and more than a dozen other accused. Controversial businessman Edwin Sodi and Free State government employees stand accused in the main trial for the dodgy tender awarded by the Department of Human Settlements. The contract was for replacing asbestos roofs in 300,000 township homes, but that never happened. The trial within a trial may drag a little longer than expected after some of the defence lawyers in the matter petitioned the court to cross-examine the first State witness. Hawks investigator Benjamin Calitz spent the first week on the stand testifying about the early stages of the investigation when Cholota was still considered a State witness. Calitz was among a small delegation of South African authorities that interviewed Cholota in the United States (US) in 2021 to find incriminating evidence against Magashule. Unable to nail Magashule using Cholota, she was later joined as an accused facing fraud and corruption charges. Magashule's lawyer has told the court his request to cross-examine Calitz is based on a transcript that detailed the 2021 interview about his client. Calitz, who fell ill last week, is expected back on the stand.
Eyewitness News
08-05-2025
- Politics
- Eyewitness News
Cholota legal team refutes claims she was aggressive in Asbestos probe early stages
JOHANNESBURG - The legal team for one of the accused in the asbestos trial has tried to poke holes in claims that former Free State Premier Ace Magashule's ex-PA Moroadi Cholota was aggressive and evasive in the early stages of investigations. Cholota was initially considered a State witness expected to give damning testimony against her former boss in the R255 million corruption case, but she was later joined to a long list of accused when investigators could not secure evidence from her against Magashule. ALSO READ: - Asbestos corruption trial: Introduction of new evidence causes conflict between lawyers - FS asbestos corruption trial: Investigators accused of ambushing Cholota in US - FS asbestos corruption: State accused of misleading US officials over Cholota extradition Magashule is accused of having a hand in the dodgy and incomplete tender, which would have seen the removal of hazardous asbestos roofs from low-cost housing in the Free State. Lead investigator Benjamin Calitz said Cholota was aggressive and uncooperative while she was still considered a State witness. He recently told the court that his trip to the United States (US) in 2021 to interview Cholota in the early stages of the probe was unfruitful. Cholota was later arrested, slapped with the same charges as Magashule and extradited from the US to South Africa to stand trial. Using a copy of the transcript of the 2021 interview that was admitted into evidence this week, Cholota's lawyer, Advocate Loyiso Makapela, pushed Calitz to point to words that suggested she was a difficult witness. Calitz told Makapela that it wasn't so much what Cholota said but rather her demeanour during the interview, which he, of course, couldn't point out in the text. Cholota's lawyer dismissed his suggestion as trying to create a false narrative of her after she refused to incriminate Magashule. Makapela wrapped up cross-examination on day three of the trial within a trial, with Magashule's lawyer expected to get his turn now.
The Citizen
05-05-2025
- Politics
- The Citizen
Free State asbestos trial: Investigating officer denies misleading US over Cholota's extradition
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. ALSO READ: Magashule's ex-PA Moroadi Cholota granted trial-within-a-trial 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). NOW READ: Moroadi Cholota's application in Ace Magashule tender case dismissed
