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By Getrude Makhafola

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Asbestos case: Magashule’s pre-trial hearing postponed

The state said it was still busy extraditing Magashule's former PA Moradi Cholota from the US.


The Bloemfontein High Court has postponed the pre-trial hearing in former Free State premier Ace Magashule’s R255 million corruption case to June.

Magashule and some of his co-accused challenged aspects of the case, including the asbestos corruption evidence given by witnesses at the State Capture Commission of Inquiry that the state relied on.

The suspended ANC secretary-general further filed papers in the high court demanding the state provide him with a list of all witnesses who implicated him.

ALSO READ: Arrest warrant issued for Magashule’s US-based former personal assistant

‘Extradition ongoing’

Prosecutor Naseer Cassim on Monday indicated that the state was still busy with the extradition of Magashule’s former personal assistant Moroadi Cholota from the US.

“It was agreed that the matter be postponed, pertaining to Cholota who is still in US. Cholota’s extradition is still ongoing,” said Cassim.

Cholota was initially wooed by the state as its witness in the case, but she changed her mind and has since been added to the list of the accused.

An arrest warrant was then issued against Cholota, who is studying in the US.

At the last appearance last year, the National Prosecuting Authority (NPA) said the extradition was at an early stage.

‘Cholota not yet charged’

Speaking before the court proceedings, NPA spokesperson Mthunzi Mhaga told eNCA that Cholota was yet to be charged when told that the state said she would have been charged at the next court sitting.

“The former PA is no longer a state witness, we told the court in November. She has not yet been charged… I never said she would be charged by this time.”

Cholota’s studies were reportedly funded by the Free State government.

ALOS READ: Ace Magashule’s former personal assistant turns state witness

Magashule and 15 others face charges of fraud, corruption, theft and money laundering relating to a R255 million contract for assessing and removing asbestos from low cost houses in the province.

They all face over 70 charges.

The other co-accused include former senior civil servants such as ex-head of human settlements Nthimotse ‘Tim’ Mokhesi, the former Mangaung mayor and ex-MEC for human settlements Olly Mlamleli, and businessman Edwin Sodi.

The case dates back to 2014, when the provincial human settlements department awarded an asbestos assessment and removal contract worth R255 million to companies Diamond Hill and Blackhead Consulting.

It later emerged only R21 million worth of work – which was outsourced to a company with actual experience in the field – was conducted.

Legal representatives of others including Sodi and Mokhesi argued before Naidoo against the state’s use of the Zondo commission evidence against them.

They said that the evidence would render their trial “unfair” and be an impediment against their right to a fair trial.

The hearing continues.

NOW READ: Magashule: R255 million asbestos tender case postponed to next year

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