Courts

Magashule and co-accused due in court over R255m asbestos case

Former African National Congress (ANC) secretary-general Ace Magashule and his co-accused are due to appear in the Bloemfontein High Court for pre-trial proceedings in the R255 million asbestos case.

R255m asbestos tender case

Magashule and his co-accused – 11 individuals and four companies – face charges of fraud, corruption, money laundering and contravention of the Public Finance Management Act (PFMA) in connection with an asbestos tender that was awarded by the Free State Department of Human Settlement to the Blackhead Consulting joint venture to audit, assess and remove asbestos from homes in some of the province’s poorest areas about six years ago.

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Magashule, who was the Free State’s premier when the contract was awarded to the Blackhead Consulting joint venture, maintains his innocence and claims the charges against him are politically motivated.

He has been charged together with the owner of Blackhead Consulting Edwin Sodi, Thabane Zulu, Nthimotse Mokhesi, Mahlomola Matlakala, Sello Radebe, Abel Kgotso Manyeki, Sarah (also known as Olly) Mlamleli, Nozipho Molikoe, Albertus Venter, Moroadi Cholota, Margaret-Ann Diedericks, and three other companies – 602 Consulting Solutions, Mastertrade 232 and Ori Group.

Cholota, Magashule’s former personal assistant when he was the premier of the Free State, is the only accused that has not appeared in court since the case started.

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She is currently in the United States of America and the state has already started the extradition process to have her back in South Africa.

Bid to dismiss charges

During the group’s last court appearance in September last year, the protracted case was postponed to January 2023.

This was to allow some of the accused to petition the Supreme Court of Appeal after they were denied leave to appeal the decision of the Bloemfontein High Court to dismiss their legal challenge to the validity of the prosecution against them.

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Magashule, Sodi, Blackhead Consulting and Zulu – the former director-general of the national department of housing – are the four accused who brought the application, asking the high court to find that there was no prima facie case that could sustain a successful prosecution against them.

They believe the charges against them are based on hearsay evidence from the state capture commission.

The state said it hoped the collateral issues that delayed the case would be finalised before Friday’s court appearance.

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The high court is expected to deal with pre-trial issues and for a trial date to be set.

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