High Court Dismisses Cholota’s Appeal in Magashule Asbestos Case
The Free State High Court in Bloemfontein has dismissed the latest legal challenge by Moroadi Cholota, the former personal assistant to ex-Free State Premier Ace Magashule, regarding her extradition and prosecution in the R255-million asbestos scandal. The ruling effectively closes off a direct path for Cholota to appeal the legality of her case to the Supreme Court of Appeal (SCA).
Cholota had initially secured a temporary reprieve after Judge Phillip Loubser found that the National Prosecuting Authority (NPA) lacked the authority to request her extradition from the United States, where she was studying. The Constitutional Court later overturned this decision, but allowed Cholota to pursue a “special plea” challenging the lawfulness of her extradition.
That special plea, arguing that the State misled US authorities during the extradition process, was previously dismissed by Judge Loubser. Cholota then attempted to reserve “questions of law” for appeal, but Judge Loubser ruled that the issues raised were matters of fact, not law, blocking her appeal to the SCA. She can still petition the SCA directly for a hearing.
Allegations of Misleading US Authorities
Cholota’s arguments centered on claims that the NPA falsely informed US authorities that she was connected to a “syndicate” involving the late tenderpreneur Igo Mpambani and businessman Edwin Sodi, both key figures in the asbestos tender. According to the NPA, the court found no evidence of such a misrepresentation, stating that the information originated from an independent forensic audit, not directly from the State.
From Potential Witness to Accused
Cholota’s role in the case has dramatically shifted. Initially, she was considered a potential State witness who could implicate Magashule in the alleged scheme. Still, after refusing to cooperate with authorities, she was extradited and charged alongside Magashule and others. The State alleges that the asbestos removal project, valued at R255-million, was marred by corruption, fraud and money laundering, with only R21-million worth of work actually completed.
The prosecution alleges that Magashule received benefits, including tuition fees for a former classmate’s daughter, electronic tablets, and R250,000 for travel expenses, facilitated through payments made by Mpambani at Cholota’s request.
The case remains ongoing, with the trial expected to resume, unaffected by the latest ruling regarding Cholota’s appeal. The NPA has expressed confidence in the strength of its case and is prepared to proceed.
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