Magashule cries foul over yet another Free State asbestos corruption case delay

The R255 million Free State asbestos corruption case involving former African National Congress (ANC) secretary-general, Ace Magashule, has been delayed once again.

R255m asbestos tender case

Magashule and his co-accused, 11 individuals and four companies, on Friday appeared briefly in the Bloemfontein High Court for pre-trial proceedings, but the matter was postponed to 5 May 2023.

The protracted case has been on the pre-trial roll for more than two years.

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It was deferred to May due to the petition lodged to the Supreme Court of Appeal (SCA) by some of the accused after they were denied leave to appeal the decision of the high court to dismiss their legal challenge to the validity of the prosecution against them.

The outcome of the petition, lodged in November last year, has not yet been heard by the SCA.

Magashule, businessman and owner of Blackhead Consulting, Edwin Sodi, as well as the former director-general of the national department of housing, Thabane Zulu, brought the petition to the SCA.

They believe there is no prima facie case that could sustain a successful prosecution against them.

‘They know they have no case’

Magashule described the latest delay in the case as a “waste of time” by the National Prosecuting Authority (NPA).

Speaking to the media shortly after the matter was adjourned, the former ANC secretary-general continued to maintain his innocence and claimed the charges against him were politically motivated.

“I know that there is that technicality of our appeal to the SCA… I hope this case will be speedily resolved. I am ready [to go on trial] because I know I have not done anything wrong. I have not stolen a cent of government money,” said Magashule.

He alleged that the NPA was treating him unfairly, adding that the charges against him were orchestrated to prevent him from contesting leadership positions at the ANC’s national elective conference held in December.

“Whether you are the president or Ace Magashule or an ordinary person; the law must treat us the same.

“They know that they have no case [against me] and this is a political case that was meant to prevent me from standing in the ANC conference.”

Corruption charges

Magashule and his co-accused face charges of fraud, corruption, money laundering and contravention of the Public Finance Management Act (PFMA).

This is 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.

Magashule was the Free State’s premier when the contract was awarded to the Blackhead Consulting joint venture.

He has been charged together with Sodi, 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 four companies – Blackhead Consulting, 602 Consulting Solutions, Mastertrade 232 and Ori Group.

Cholota, Magashule’s former personal assistant, is the only accused that has not appeared in court since the case started.

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.

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