Court denies Moroadi Cholota’s plea to avoid prosecution in asbestos corruption case
Former Free State premier Ace Magashule’s ex-assistant Moroadi Cholota will face criminal charges alongside him and a host of other accused after the Free State High Court on Wednesday turned down her bid to escape prosecution.
The court turned down the remainder of her special plea regarding the “unlawfulness” of the extradition proceedings to extradite her from the United States to South Africa.
Judge Phillip Loubser said, “this court has the jurisdiction to try her on the charges she is facing.”
This new judgment regarding Cholota’s special plea followed a judgment last month by the Constitutional Court in which the Free State Prosecuting Authority challenged a judgment issued last year in which the high court found that the National Prosecuting Authority did not have the jurisdiction to authorise her extradition.
In ruling in the NPA’s favour, the apex court referred the matter back to the Free State High Court to rule on the remainder of Cholota’s special plea.
IOL earlier reported that the Constitutional Court ruled that the Bloemfontein High Court does have the jurisdiction to try her, even though South African officials botched aspects of her extradition from the United States.
While the apex court agreed that the State had not followed the proper procedure when securing her return from the US, it found that this defect was not enough to halt her prosecution altogether.
Cholota, who was once lined up as a witness before being charged as a co-accused, faces corruption and money-laundering counts linked to the R255 million Free State asbestos tender awarded during Magashule’s tenure as premier. Cholota is accused no 17 in the criminal trial.
She and her co-accused pleaded not guilty to fraud and corruption charges in June last year. However, a trial-within-a-trial was conducted after she presented a special plea regarding the alleged unlawfulness of her extradition to South Africa.
Judge Loubser, after examining the four points of objection regarding the manner in which she was extradited to South Africa, rejected all of her arguments.
Her objections regarding the extradition process included claims by her that the State had lied or misrepresented to the US authorities, that there is just cause to implicate her in the asbestos scandal. According to her, she was only charged after she had refused to implicate Magashule in the matter.
Judge Loubser found the evidence of Hawks investigators, Benjamin Calitz and Nico Gerber, to be credible. They interviewed her in 2021 in Washington and also questioned her about Magashule.
While her refusal to implicate Magashule did raise suspicions about her involvement, Calitz previously told the court that in 2020 already there was evidence of her involvement in the asbestos case and that she had been implicated even before they had interviewed her. This also came to light during her evidence at the Zondo Commission, the court was told.
Judge Loubser, in turning down her special plea on this point, held that there was nothing irregular about the line of questioning by the Hawks officers. “This court finds that Ms Cholota was indeed regarded as a suspect in the pending criminal trial from the moment it transpired she was not prepared to implicate Mr Magashule,” he said.
The judge also pointed out that her extradition came under close scrutiny by a US court when it had to decide on it. “It is clear from the US judgment that the request for extradition came under close scrutiny. The request was not just there for the taking,” Judge Loubser said.
The criminal matter is meanwhile to resume on March 2 in the Free State High Court.
The National Prosecuting Authority welcomed the judgment.
Prosecution head Advocate Andy Mothibi said prosecutors will now focus on ensuring that they present a formidable case, thereby sustaining the charges preferred against all 18 accused persons when the trial resumes.
Mothibi commended the prosecution team for meticulously presenting persuasive arguments during the trial within a trial and before the Constitutional Court.
“Our prosecutorial arsenal continues to display their legal prowess that received affirmation at the apex court resulting in the fight against serious corruption being enhanced and the rule of law upheld. We cannot allow impunity to reign supreme when we have a constitutional obligation to hold those accused ofcriminality accountable,” Mothibi said.
