Magashule’s former PA Moroadi Cholota’s bid to have charges dropped fails

Ace Magashule’s former personal assistant, Moroadi Cholota, has suffered a blow after her urgent application was dismissed with costs on Monday.

Cholota filed an application in the Free State High Court in Bloemfontein last week, seeking to have the charges against her withdrawn.

She challenged the legality and constitutionality of her extradition from the United States (US) and her subsequent arrest.

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This move follows her release on R2 500 bail by the Bloemfontein Magistrate’s Court on 15 August.

Cholota arrived at Oliver Tambo International Airport in Johannesburg on 8 August following her extradition from the US.

She is among those accused, alongside Magashule, in the R255-million Free State asbestos scandal and is facing charges of fraud, corruption, and money laundering.

Moroadi Cholota seeks to avoid delays

Advocate Loyiso Makapela, representing Cholota, informed the high court on Monday that her client sought to bring this urgent application before the pre-trial hearing.

“In our view, we cannot, after the pre-trial, come back and say we have got one more point to raise.

“We wish to go to the pre-trial having done away with these issues. We feel it will be moot after the pre-trial,” she said.

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

However, Judge Mareena Opperman questioned the urgency of the matter and enquired why the application was not enrolled through the standard court processes.

“The fact that the pre-trial is set down for September does not prevent you from raising these issues at the pre-trial even, and the date of trial is only in April 2025,” Opperman said.

Makapela argued Cholota wanted to avoid being accused of delaying the trial.

“We simply do not want to have a situation where the applicant is viewed as delaying the proceedings,” the advocate said.

Watch the proceedings below:

State argument

Earlier, the counsel for the prosecution, had argued that Cholota’s application was “an attempt to embarrass the state”.

“From some of the submissions my learned friend made today, many of which are not on the papers, it seemed that has just corroborated this view.

“This matter does not deserve the attention of this court. It is being brought extremely urgently for essentially declaratory relief,” she said.

READ MORE: ‘They’re chasing sardines’ – Stepfather says Moroadi Cholota was just Magashule’s PA

The lawyer disputed the assertion that Cholota’s constitutional rights have been violated.

“I point out that the applicant is currently out on bail.

“Her bail conditions are lenient and as far as I am aware, she has not applied for any changed circumstances as to the bail conditions. Thus, there is no liberty that’s at stake in this matter.”

Moroadi Cholota’s application dismissed

Opperman later dismissed the application and stated that her reasons would follow in due course.

“The matter shouldn’t have been on the roll today because I didn’t have enough evidence before me to adjudicate the matter.

“I could not allow it on the basis of urgency, then you will be mounted with costs,” she ruled.

Cholota previously challenged South Africa’s extradition request in the Constitutional Court (ConCourt), but was dismissed on the basis that no case had been made out for either urgency or direct access.

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