Former Free State premier Ace Magashule appears in the Bloemfontein High Court on 15 April 2024. Picture: Gallo Images/Volksblad/Mlungisi Louw
A United States (US) court has supported South Africa’s request for the extradition of ex-Free State premier Ace Magashule’s former personal assistant.
Moroadi Cholota is wanted by South African (SA) authorities in connection with a corruption case involving the R255 million Free State asbestos tender.
She initially agreed to be a state witness, but later backtracked on this decision.
US authorities apprehended Cholota in Baltimore, where she resides, following a warrant for her arrest and detention issued by US Judge Charles Austin on 12 April 2024.
The Maryland District Court has now ruled that Cholota, who remains in custody, can be extradited back to South Africa to stand trial.
US Magistrate Judge Erin Aslan, in a judgment delivered on 7 June, found that the National Prosecuting Authority (NPA) had produced enough evidence against Cholota.
Among other things, Aslan considered the extradition treaty between the US and South Africa, concluding that the agreement was in “full force and effect”.
The Maryland District Court Magistrate Judge found that Cholota’s charges were “extraditable offences” under the extradition treaty.
Cholota will face four counts of fraud as well as five counts of corruption contrary to the Prevention and Combatting Corrupt Activities Act (Precca), according to the court document.
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“The submission offered by the United States on behalf of South Africa outlines a conspiracy to engage in government contracting fraud and misappropriate government funds for the personal benefit of government officials and others.
“Ms Cholota is alleged to have knowingly engaged in this scheme by using her government position to facilitate corrupt financial transactions.
“South Africa’s extradition request is accompanied by indictments, sworn statements and affidavits, a forensic audit, emails, and many other documents, all of which amply support a finding of probable cause to believe both that Ms Cholota is the individual named in the pending South African indictment and that she committed the charged offenses.
“The evidence before this court is sufficient to justify Ms Cholota’s commitment for trial had the offences with which she is charged been committed in the United States.”
Therefore, Aslan ruled that Cholota can be extradited.
“It is hereby certified that the evidence against Ms Cholota is sufficient to sustain the charges under the provisions of the proper treaty and, accordingly, Ms Cholota is extraditable.”
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Aslan further ordered that Cholota remain behind bars, while US Secretary of State Antony Blinken decides on whether to authorise her extradition.
“It is further ordered that Ms. Cholota is committed to the custody of the United States Marshal pending the Secretary of State’s decision on extradition and surrender pursuant.”
Cholota is wanted in connection with a R255 million contract awarded in 2014 to the Diamond Hill Trading and Blackhead Consulting joint venture by the Free State Department of Human Settlements.
The contract was intended for the removal of harmful asbestos from homes in the province.
It is alleged that government officials in the Free State received R27 million in bribes related to this tender.
Magashule and his co-accused, including former Mangaung mayor Olly Mlamleli and controversial businessman Edwin Sodi, are facing charges of fraud, corruption, money laundering and contravention of the Public Finance Management Act (PFMA) in the matter.
The case will return to the Free State High Court in Bloemfontein on 14 June 2024.
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