Latest news with #R255
The Citizen
an hour ago
- Politics
- The Citizen
NPA 'infiltrated by those against the rule of law'
The NPA has recently come under fire for its handling of high-profile cases. National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi at the Union Buildings on 4 November 2018 in Pretoria. Picture: Gallo Images / Phill Magakoe National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi claims the National Prosecuting Authority (NPA) has been infiltrated by those against the rule of law. The NPA has recently come under fire for its handling of high-profile cases, including that of former Free State premier Ace Magashule's personal assistant and corruption co-accused, Moroadi Cholota, who was allowed to walk free. Bungles The Free State High Court in Bloemfontein ruled that it does not have jurisdiction to try Cholota. 'What appears pertinently clear is that it is undeniable that the state presented false and incorrect information to United States authorities,' Judge Philip Loubser, who is presiding over the R255 million asbestos corruption trial, ruled. The NPA has continued to stumble through a series of high-profile legal bungles, including the long-running Timothy Omotoso sex trafficking trial that has dragged on for years, and the Shepherd Bushiri extradition matter. WATCH Shamila Batohi speaking about the NPA being infiltrated [ICYMI] National Director of Public Prosecutions Adv. Shamila Batohi says the NPA has been infiltrated by those against the rule of law. The NPA has recently come under fire over its handling of high-profile cases. While Batohi has denied interference from the executive, she says… June 5, 2025 ALSO READ: NPA failures need more scrutiny Failures The NPA has also failed in several attempts to finalise successful prosecutions, including those involving the Estina Dairy, former Eskom executive Matshela Koko, ANC politician Zizi Kodwa, and the extradition of the Gupta brothers from the United Arab Emirates to stand trial in South Africa. Critics argue that the NPA's slow pace and repeated failures are doing a disservice to South Africans who seek justice. Interference While Batohi has denied interference from the executive, she says there are people with agendas internally and externally. 'I have not had interference from any members of the executive whilst I have been the national director. But I what I do want to say is that there are other issues that I can't really speak about that actually makes me worry sometimes,' Batohi told Newzroom Afrika on Friday. 'That the NPA is actually being infiltrated by people that do not have the rule of law at heart, they don't sleep comfortably at night because of that, not because I think that the NPA is a failing organisation,' Batohi said. Batohi said she is concerned about the attacks on the NPA and the director and will be taking it up with the 'executive.' ALSO READ: NPA 'vindicated' by Zuma corruption acquittal loss, but will he appeal again?
IOL News
a day ago
- Politics
- IOL News
'Apartheid Tactics' - Cholota's lawyer slams State after court declares her extradition unlawful
iol A South African court has ruled Moroadi Cholota's extradition from the US unlawful. Her lawyer called the arrest 'an abuse of power,' saying she was targeted for refusing to implicate Ace Magashule in the R255m asbestos case. Image: NPA and Oupa Mokoena "We have always said that the conduct of the State was unlawful and unfair." These were the sentiments of Piet Thabane, attorney for Moroadi Cholota, Ace Magashule's assistant, who won her legal battle in the R255 million Free State Asbestos case. The court recently ruled that Cholota's extradition from the United States of America (USA) was unlawful. The 37-year-old was arrested in the US in April 2024, where she was kept in police custody and extradited to South Africa in August 2024. She was charged with fraud and corruption in the R255 million Free State asbestos roofing case. The final year political science student was kept in police custody for seven days and released on R2,500 bail in the Bloemfontein Magistrate's Court in August 2024. Shortly after being released on bail, Cholota launched an urgent application against the National Prosecuting Authority (NPA) to dismiss the charges against her and to declare her extradition unlawful, which was subsequently dismissed. In her founding affidavit, Cholota claimed that the NPA's intention has always been to 'degrade, humiliate and inflict cruel punishment on me for what the State deems as a failure to co-operate with it'. 'As I stated previously, the Asbestos Project has been investigated at length by other State agencies over and above the State Capture Commission, such as the Public Protector, the Special Investigating Unit, and the Auditor General. 'In none of these reports was I ever mentioned, let alone implicated.' Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Speaking to IOL, Thabane said Cholota's arrest and extradition were an abuse of power. "The main reason she was subjected to this unfair treatment was because she refused to implicate her boss, the former Premier Magashule." This week, the court ruled that it had no jurisdiction to try Cholota as her extradition from the United States of America was unlawful. Thabane said during the trial-with-a-trial, the State called two witnesses who had nothing to do with the extradition. "We did not present new facts, but the State failed to meet the minimum standard of proving their case." He described Cholota's arrest in the US as an apartheid tactic. "They thought they could intimidate her." Thabane said his client is relieved and vindicated. "It has been over a year since she has been dealing with this. But it is far from over. We are considering various options because my client's Constitutional Rights were grossly violated." When asked if she would be going back to the US to complete her political studies at Maryland University, Thabane said it was still early days. Thabane said he was aware that the NPA intended to appeal the matter and welcomed the decision. "They will only embarrass themselves."
The Citizen
2 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
Eyewitness News
2 days ago
- General
- 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."
The Citizen
2 days ago
- Business
- The Citizen
‘Nothing I can do about it,' Judge tells Magashule as Free State asbestos trial postponed again
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.
