Lawyer says Magashule’s former PA Moroadi Cholota is being charged based on evidence she gave as state witness

The defence lawyer for Moroadi Cholota, the former personal assistant to Ace Magashule, has once again questioned why her client was only charged in connection with the R255 million Free State asbestos scandal after she refused to become a state witness.

Cholota appeared in the Free State High Court in Bloemfontein on Thursday, once again contesting the legality and constitutionality of her arrest and extradition from the United States (US).

In August, she attempted to have her charges of fraud, corruption, and money laundering withdrawn. However, Free State High Court Judge Mareena Opperman dismissed her urgent application with costs.

Cholota also sought to challenge South Africa’s extradition request in the Constitutional Court (ConCourt), but her case was rejected.

Moroadi Cholota challenges extradition

On Thursday, Advocate Loyiso Makapela, representing Cholota, argued that the state’s claim that her client was not initially charged because she had agreed to act as a state witness in the asbestos trial was unfounded.

“That’s not a reason not to charge an individual because the State Capture Commission never afforded anyone immunity against prosecutions. So, you testified there whether you are going to be implicated or not.

“If the summons required you to testify, you testified there,” the lawyer said.

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Makapela told the high court that the state has failed to demonstrate when it obtained evidence against Cholota.

“There is no document that the state could provide that showcases that they indeed have this evidence prior to her interviews. That’s merely the contention.”

The advocate argued that Cholota was charged with fraud, money laundering, and corruption solely because she decided against becoming a state witness.

“That contention would hold water if the charge that she was eventually charged with was contempt of court or refusal to assist investigators or an investigation,” she said.

Not implicated by State Capture Commission

Makapela also argued that the police’s conduct would have been unlawful and unconstitutional if they already had evidence against Cholota yet proceeded to interview her.

This would violate her right against self-incrimination.

“They cannot specifically pinpoint when exactly they had this evidence or from where this evidence came from.”

Cholota previously stated that she was questioned twice by South African police officers in the US and claimed she was threatened with charges if she refused to co-operate.

Following an interview with police on 23 September 2021, she ultimately decided against becoming a state witness.

A warrant for her arrest was subsequently issued.

READ MORE: Magashule’s ex-PA says state is punishing her ‘for not cooperating’

Moreover, Makapela highlighted that her client was not implicated by former chief justice Raymond Zondo in the State Capture reports, despite testifying in December 2019.

She emphasised that Cholota was also not named in any other investigations, including those by the Special Investigating Unit (SIU), concerning the Free State asbestos project.

“Not only did the State Capture Commission not find anything, the Public Protector investigated this asbestos project and did not find or implicate Ms Cholota.”

The lawyer added that Cholota did not come to South Africa voluntarily, but was extradited based on “false information”.

Moroadi Cholota out on bail

Cholota is currently out on R2 500 bail and is scheduled to return to court on 4 December for pre-trial proceedings.

The former personal assistant faces charges related to the R255 million contract awarded to the Diamond Hill Trading and Blackhead Consulting joint venture by the Free State Department of Human Settlements in 2014.

The contract was intended for the removal of hazardous asbestos from homes in the province.

It is alleged that government officials in the Free State received R27 million in bribes linked to the tender.

Cholota is accused of facilitating corrupt financial transactions on behalf of Magashule.

Other individuals facing charges in the case include former Mangaung Mayor Olly Mlamleli and controversial businessman Edwin Sodi.

Their trial will run from 15 April to 23 June 2025.

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