Free State asbestos trial: Sodi challenges state capture evidence as Magashule complains about witness list

Former ANC secretary-general Ace Magashule and his co-accused have pleaded not guilty in the R255 million Free State asbestos corruption trial.

The trial resumed for its second day at the Free State High Court in Bloemfontein on Wednesday, with Magashule, his former personal assistant Moroadi Cholota, and businessman Edwin Sodi back in the dock.

The trio is part of a group of 18 accused individuals, which includes former senior government officials and businesspeople.

All the accused are facing charges of fraud, corruption, money laundering, and violations of the Public Finance Management Act (PFMA).

These charges stem from a R255 million contract awarded in 2014 by the Free State Department of Human Settlements to a joint venture between Diamond Hill Trading and Blackhead Consulting.

Day two of Free State asbestos corruption trial

The state on Wednesday continued to read out the indictment, outlining each accused’s alleged role in the matter.

Sodi, who owns Blackhead Consulting, pleaded not guilty.

His legal representative, Advocate Laurance Hodes, delivered Sodi’s plea explanation during proceedings, signalling that the defence’s plan was to challenge the admissibility of certain evidence presented in the indictment.

That evidence includes Sodi’s previous testimony before the Judicial Commission of Inquiry into Allegations of State Capture, chaired by former chief justice Raymond Zondo.

Hodes argued that relying on this evidence would compromise Sodi’s right to a fair trial.

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He also contended that his client should be excused from prosecution over the alleged unlawful use of his state capture testimony.

“These issues are required to be determined in a trial-within-a-trial,” Hodes said in reference to a previous court judgment.

In March 2022, Free State High Court Judge Soma Naidoo dismissed Sodi and Magashule’s bid to block the use of state capture evidence.

At the time, Naidoo ruled that any such objections should be dealt with during the course of the trial itself.

Magashule pleads not guilty

Magashule also pleaded not guilty.

“From the onset, I have pleaded not guilty publicly, and I am formally doing so in court today,” he told the judge.

Hodes, who is also representing Magashule, argued that the state had not complied with section 27 of the Prevention of Organised Crime Act in its prosecution of the former Free State premier.

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

He further challenged a bail condition barring Magashule from contacting Cholota, stating she was no longer a state witness.

The lawyer also claimed the state had not provided Magashule with a list of witnesses implicating him.

“Justice Naidoo held that these were issues that should be determined by the trial court,” Hodes added.

Charges withdrawn against Cholota

Later in the proceedings, Prosecutor Tammy McPherson confirmed that money laundering charges against Cholota would be dropped after the United States (US) declined to extradite her on those charges.

Cholota’s counsel, Advocate Loyiso Makapela, questioned why the indictment had not been amended to reflect the change, stating that the state needed to apply to the Bloemfontein Magistrate’s Court in line with the Criminal Procedure Act (CPA).

READ MORE: Lawyer says Magashule’s former PA Moroadi Cholota is being charged based on evidence she gave as state witness

However, Prosecutor Advocate Johan de Nysschen disagreed, saying an application was not necessary.

“This is the first time in my career that I have heard that we have to apply to a magistrate to amend an indictment. There’s no such thing,” he said.

Judge Philip Loubser ruled that Cholota should proceed to enter her plea on the remaining charges.

“I cannot really see the sense of going into the history of what happened in the magistrate’s court,” Loubser said.

Others accused in Free State asbestos corruption trial plead

McPherson then read out the indictment, revealing that Cholota allegedly solicited bribes on Magashule’s behalf from the late owner of Diamond Hill Trading, Igo Mpambani, between 2014 and 2015.

Cholota pleaded not guilty on the basis that her extradition was unlawful.

“I plead the court has no jurisdiction to try me and therefore, I plead not guilty,” she said.

Makapela read out Cholota’s plea explanation, maintaining that she was only charged because of her decision to backtrack from being a state witness.

“She was charged after she would not implicate Mr Magashule in a witness interview by the state’s investigators on 21 and 22 September 2021,” the lawyer said.

Several others accused also pleaded not guilty, including former Mangaung mayor Sarah “Olly” Mlamleli, former national Department of Human Settlements director-general Thabane Zulu, and former Free State government officials Thabiso Makepe, Nthimotse Mokhesi, Mahlomola Matlakala, Nozipho Molikoe, Margaret-Ann Deidericks and Albertus Venter.

The trial is expected to run until 23 June.

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