Latest news with #ex-FreeState
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.
The Citizen
3 days ago
- Business
- The Citizen
Top 10 stories of the day: Shivambu removed as MK Party SG
Here's your daily news update for Tuesday, 3 June 2025: An easy-to-read selection of our top stories. News today includes the MK party leader has removed Floyd Shivambu as secretary-general of the party. Meanwhile, the EFF has lost its urgent bid to halt the upcoming increase in the general fuel levy. Furthermore, in his welcome note at the memorial service of actor Presley Chweneyagae, the mayor of Mahikeng, Tshepiso Mphehlo, reflected on the pinnacle of the province's art scene when Tsosti was released. Weather tomorrow: 4 June 2025 Damaging waves and strong winds are forecast to impact coastal areas of the Eastern Cape and KwaZulu-Natal, while cold weather is expected across much of the country. Full weather forecast here. Stay up to date with The Citizen – More News, Your Way. MK party removes Floyd Shivambu as SG The MK party leader has removed Floyd Shivambu as secretary-general of the party. This comes after an investigation into Shivambu's trip to Malawi to visit fugitive pastor Shepherd Bushiri's Enlightened Church. Former MK party secretary-general Floyd Shivambu. Picture: Nigel Sibanda MK national chair Nathi Nhleko said Shivambu is now deployed as a Member of Parliament. CONTINUE READING: MK party removes Floyd Shivambu as SG US extradition of Magashule's ex-PA Moroadi Cholota declared unlawful The Free State High Court in Bloemfontein has ruled that it does not have jurisdiction to try Moroadi Cholota, the former personal assistant to ex-Free State premier, Ace Magashule. Judge Philip Loubser, who is presiding over the R255 million asbestos corruption trial, handed down his judgment on Tuesday. Moroadi Cholota (former PA to Free State Premier Ace Magashule) at the Bloemfontein High Court on 15 April 2025. Picture: Gallo Images/Mlungisi Louw This followed two weeks of testimony from state witnesses Benjamin Calitz and Nicholas 'Nico' Jacobus Gerber, both officers with the Directorate for Priority Crime Investigation (DPCI), commonly known as the Hawks, in a trial-within-a-trial relating to Cholota's extradition from the United States (US). CONTINUE READING: US extradition of Magashule's ex-PA Moroadi Cholota declared unlawful Fuel levy hike to go ahead as EFF fails in court The EFF has lost its urgent bid to halt the upcoming increase in the general fuel levy. The Western Cape High Court in Cape Town ruled against the party on Tuesday, a day before the new levy was set to take effect. Petrol pumps are pictured at a filling station in Melville on 20 January 2021. Picture: Tracy Lee Stark The EFF had sought an urgent interdict in Part A of its court application to suspend the planned hike of 16 cents per litre for petrol and 15 cents for diesel. CONTINUE READING: Fuel levy hike to go ahead as EFF fails in court No fireworks expected, but GDP figures are disappointing — economists Economists expected no fireworks from the GDP figures for the first quarter of the year, but they all agree that the growth of 0.1% is disappointing. They even wonder if expecting economic growth of 1% is already a stretch, as the economy was drifting from slow growth to virtually no growth. Picture: iStock Jee-A van der Linde, senior economist at Oxford Economics Africa, says the South African economy continued to trend sideways at the start of 2025. CONTINUE READING: No fireworks expected, but GDP figures are disappointing — economists Presley Chweneyagae: Mourners gathered at Mmabatho like they did in 2018 for HHP In his welcome note at the memorial service of actor Presley Chweneyagae, the mayor of Mahikeng, Tshepiso Mphehlo, reflected on the pinnacle of the province's art scene when Tsosti was released. 'That period was a pinnacle period for the arts and culture in Mahikeng,' shared Mphehlo. The first memorial service of Presley Chweneyagae was hosted in his hometown of Mahikeng. Picture: Presley Oageng Chweneyagae/Facebook The memorial service is being held at the Mmabatho Convention Centre for the late 40-year-old actor, who passed away a week ago. CONTINUE READING: Presley Chweneyagae: Mourners gathered at Mmabatho like they did in 2018 for HHP Here are five more stories of the day: Yesterday's News recap READ HERE: Likhona killed for being lesbian? | Slain Kutlwano's 'wrong' gender | inmates boycott graduation
The Citizen
3 days ago
- Politics
- The Citizen
BREAKING: US extradition of Magashule's ex-PA Moroadi Cholota declared unlawful
The Free High Court cannot try Cholota on charges of corruption. Moroadi Cholota (former PA to Free State Premier Ace Magashule) at the Bloemfontein High Court on 15 April 2025. Picture: Gallo Images/Mlungisi Louw The Free High Court in Bloemfontein has ruled that it does not have jurisdiction to try Moroadi Cholota, former personal assistant to ex-Free State premier Ace Magashule, for corruption. Judge Philip Loubser, who is presiding over the R255 million asbestos tender corruption case, handed down his judgment on Tuesday. ALSO READ: NPA argues Moroadi Cholota's challenge against US extradition 'tantamount to an appeal' This followed two weeks of testimony from state witnesses Benjamin Calitz and Nicholas 'Nico' Jacobus Gerber, both officers with the Directorate for Priority Crime Investigation (DPCI), commonly known as the Hawks, in a trial-within-a-trial relating to Cholota's extradition from the United States (US). The two had travelled to the US in 2021 to interview Cholota, who was initially a state witness, regarding emails that allegedly implicated her in the asbestos tender saga. While Cholota was initially charged with corruption, fraud and money laundering, the last two charges were withdrawn by the state. Free States asbestos trial: Moroadi Cholota's special plea judgment During Tuesday's proceedings, Lousber noted that Cholota had already pleaded guilty to the fraud charges before they were withdrawn. 'Although it remains a mystery to this court why the counts in question were put to the accused number 17 at all in view of the terms of the extradition order, it will not be necessary for the prosecution to stop the prosecution in relation to those charges,' he said. The judge said Cholota was not entitled to demand that she be acquitted or convicted on the withdrawn charges because she had pleaded guilty to them. He noted the accused's argument that her extradition was unlawful because the prosecutors and investigators submitted false claims to the US in their application to haul her back to South Africa. Cholota had claimed that she was charged for refusing to implicate Magashule. READ MORE: 'What if she went on holiday': Hawks investigator grilled on 'surprise' US trip for Magashule's ex-PA Lousber said the state did not deny that Calitz told Cholota that her lack of cooperation could result in her being charged. 'What appears pertainently clear is that it is undeniable that the state presented false and incorrect information to United States authorities. 'Two South African courts have already made this finding, and the US authorities relied on this information in good faith and acted on the extradition on an unknowingly unlawful basis.' He, therefore, ruled that the court cannot try Cholota and granted her the special plea. 'The unlawfulness of the extradition renders the jurisdiction of the South African criminal court void.'
The Citizen
23-05-2025
- Politics
- The Citizen
NPA argues Moroadi Cholota's challenge against US extradition ‘tantamount to an appeal'
The state and the defence are set to present their closing arguments. Moroadi Cholota (former PA to Free State Premier Ace Magashule) at the Bloemfontein High Court on 15 April 2025. Picture: Gallo Images/Mlungisi Louw The National Prosecuting Authority (NPA) has described the special plea filed by Moroadi Cholota, former personal assistant to ex-Free State premier Ace Magashule, as a veiled attempt to appeal her extradition. Closing arguments in the trial-within-a-trial relating Cholota's extradition are scheduled take place at the Free State High Court in Bloemfontein next week. The matter relates to the R255 million asbestos tender corruption scandal, in which Cholota stands accused following her extradition from the United States (US). Closing arguments in Free States asbestos trial-within-a-trial On Thursday, the state concluded its case after Judge Philip Loubser asked whether Cholota's legal representative, Loyiso Makapela, intended to call any witnesses. However, Makapela declined. This followed two weeks of testimony from state witnesses Benjamin Calitz and Nicholas 'Nico' Jacobus Gerber, both officers with the Directorate for Priority Crime Investigation (DPCI), commonly known as the Hawks. ALSO READ: 'What if she went on holiday': Hawks investigator grilled on 'surprise' US trip for Magashule's ex-PA The two had traveled to the US in 2021 to interview Cholota, who was initially a state witness, regarding emails that allegedly implicated her in the tender saga. Now, both the state and the defence are set to present their closing arguments before Loubser on Monday. NPA confident Moroadi Cholota's special plea will fail NPA national spokesperson Mthunzi Mhaga expressed confidence in the prosecution's case. 'The two witnesses presented their evidence, after which they were cross-examined, and we take the view as the prosecution that nothing turned on it. 'The prosecutors and the defence counsel will be presenting their arguments on Monday,' he said. READ MORE: Free State asbestos trial: State accused of ruining life of Magashule's ex-PA Moroadi Cholota Mhaga further argued that Cholota's special plea was a disguised appeal against her extradition. 'We still take the view that this is tantamount to an appeal of the extradition order from the United States of America when they did not utilise or explore those avenues at that stage. 'They are now, in a way, asking this court to interfere or overturn the extradition order. 'We will be arguing meticulously to ensure that the special plea is dismissed, for we believe that this court has jurisdiction to hear the matter,' he concluded. Moroadi Cholota challenges US extradition This is not the first time Cholota has challenged 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). She is currently out on R2 500 bail after spending nearly five months in custody between the US and South Africa. NOW READ: Free State asbestos trial: Sodi challenges state capture evidence as Magashule complains about witness list
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
