Magashule’s ex-PA Moroadi Cholota granted trial-within-a-trial [VIDEO]

The Free State High Court has granted former Free State premier Ace Magashule’s personal assistant (PA) Moroadi Cholota’s plea for a trial-within-a-trial in the R255 million asbestos corruption case.

Magashule, along with Cholota, appeared in the High Court in Bloemfontein on Friday, where the ruling was handed down.

Cholota made a special plea on Thursday.

Ruling

Judge Phillip Loubser has agreed to go ahead with a trial-within-a-trial.

“Having regard to the case law, the norm is no doubt that it should be decided first and separately. The state was unable to refer the court to any specific authority to the contrary,” Loubser ruled.

“The special plea of no jurisdiction raised by accused 17 (Cholota) in terms of Section 106.1(f) of the Criminal Procedure Act, is to be decided first and separately before commencement of the main trial proceedings.”

[WATCH]
Judge Phillip Loubser has agreed to go ahead with a trial within a trial regarding accused 17 in the asbestos case. Moroadi Cholota wants to challenge the court's jurisdiction, arguing that her extradition from the US was unlawful. pic.twitter.com/hXZozG3fy9

— SABC News (@SABCNews) April 25, 2025

Trial-within-a-trial

On Thursday, Cholota’s legal team requested a trial-within-a-trial to contest both the court’s jurisdiction and the legality of her extradition from New York in the US, including holding her criminally liable.

However, state prosecutor advocate Johan de Nysschen argued that there was no basis for Cholota’s claim that her extradition was unlawful.

ALSO READ: Judge insists R255m Free State asbestos corruption trial must proceed

‘Playing games’

De Nysschen said the irony was that the interaction between the investigators and Cholota elicited nothing worthy from her, adding that she bluntly refused cooperation and was “playing games” with the detectives.

“With all due respect, she says firstly that the conduct of the detective while they were in the US engaging with her amounted to unfair, to such an extent that she was tortured, intimidated. I say in my heads of argument, tortured to do what? With all due respect, she said nothing.

“No admissions, confessions, or anything incriminating in any form was forthcoming from her, and clearly the detectives did not push her down such a path, but instead gave her time to think about her position, obtain the services of a legal representative, attend her classes, meet her boyfriend, etc. How, in these circumstances, it can be said that she was intimidated, tortured, etc, boggles the mind. Intimidated to do what, [is what] one must ask?” De Nysschen said.

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

‘Principle of law’

Cholota’s legal representative, Loyiso Makapela, argued that the state’s opposition to the application for a trial-within-a-trial neglected the principle of law.

 “There’s no authority to support their position. What they wish to do in this submission that we just heard is to unduly influence the court into forming a prior opinion about what is going to happen in the trial-within-a-trial and that is impermissible.

“If they’ve got anything to state to this court about anything that happened in America, that should happen with a trial-within-a-trial. If they have bundles of authority, then those bundles should be submitted in the trial-within-a-trial,” Makapela said.

Accused

Cholota is one of 18 accused in the matter.

The list 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.

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.

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