Judge insists R255m Free State asbestos corruption trial must proceed

The judge overseeing the R255 million Free State asbestos corruption trial has ruled that the proceedings must go ahead and the accused must enter their pleas.

Former ANC secretary-general Ace Magashule, along with his former personal assistant Moroadi Cholota, appeared in the Free State High Court in Bloemfontein on Tuesday for the start of the trial, which is scheduled to run until 23 June 2025.

In total, there are 18 accused in the case. The list also includes prominent businessman Edwin Sodi, former Mangaung mayor Olly Mlamleli, former national Department of Human Settlements director-general Thabane Zulu, former Free State Human Settlements head Nthimotse Mokhesi, and the provincial department’s former supply chain director Mahlomola Matlakala.

The accused face multiple charges, including fraud, corruption, money laundering, and contraventions of the Public Finance Management Act (PFMA).

All are currently out on bail, with amounts ranging between R50 000 and R500 000.

Free State asbestos corruption trial starts

During proceedings, prosecutor Advocate Johan de Nysschen informed Judge Philip Loubser that the state was ready to proceed with the trial.

However, it emerged that Matlakala had recently appointed a new lawyer, who was not present in court.

His legal team had only received the relevant case documents on 11 April, rendering him unprepared to plead.

Matlakala’s former attorney, Lebohang Mokhele, was previously struck from the roll for misappropriating trust funds, though he continued to insist on representing his client.

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Mokhele was arrested last month on charges of fraud, contempt of court, and contravening the Legal Practice Council (LPC) Act.

De Nysschen told the court that the state had a duty to ensure Mokhele was arrested for attempting to appear in court on behalf of Matlakala despite being barred.

He recommended a “reasonable” postponement of no more than a month to allow Matlakala to prepare.

Pushback from Magashule and Sodi’s lawyer

Advocate Laurance Hodes, representing Magashule and Sodi, opposed the postponement, highlighting the lengthy delays since his clients were first arrested in 2020.

“There have been numerous appearances, postponements and pre-trial conferences,” Hodes said.

He warned that a further delay could mean that he and other legal representatives would only be available in 2026.

“We are clearly prejudiced by these delays.”

Cholota’s lawyer, Advocate Loyiso Makapela, raised concerns over her client’s readiness.

She informed Loubser that Cholota is currently challenging her extradition from the United States (US) in the Supreme Court of Appeal (SCA).

Her earlier attempt to have her arrest and extradition declared unlawful was dismissed by the Free State High Court on 23 January.

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

Makapela explained that a leave to appeal application had not yet been filed, as she had been focused on preparing for the trial.

“That will be a parallel litigation together with this criminal trial.

“Although one does not depend on the other, the outcome of the Supreme Court of Appeal’s decision has a direct bearing on these proceedings as it relates to her extradition,” she said.

Prosecutor Tammy McPherson confirmed that no such application had been filed.

“If an application were to be pursued, it would be well out of time,” McPherson said.

Later, Loubser made it clear that he was against another delay.

“This case must proceed. We cannot postpone, postpone and in two months’ time we are sitting in the same position,” he said.

Following a brief adjournment, McPherson proceeded to read the indictment to all the accused.

Sodi, Matlakala and Mokhesi pleaded not guilty to the charges, before proceedings were disrupted by heavy rain.

Free State asbestos corruption charges

The charges against Magashule and his co-accused stem from a R255 million tender awarded in 2014 to the Diamond Hill Trading and Blackhead Consulting joint venture by the Free State Department of Human Settlements.

The contract was for the removal of hazardous asbestos from homes across the province, while Magashule was premier.

It is alleged that Free State government officials received R27 million in bribes linked to the contract.

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