Key Takeaways
- Moroadi Cholota, the former personal assistant of Ace Magashule, will know by the end of next month whether her prosecution for fraud and corruption will proceed.
- The Constitutional Court has sent Cholota’s special plea back to the Free State High Court for reconsideration, with new arguments set to take place on February 3.
- The case centers on a failed R255-million project to eradicate asbestos roofing in low-income homes in the Free State, with Cholota and her co-accused, including Ace Magashule and Edwin Sodi, facing charges.
- The High Court is expected to deliver a new ruling on Cholota’s special plea on February 18, with the main trial postponed to March 2.
Introduction to the Case
The case against Moroadi Cholota, the former personal assistant of Ace Magashule, has taken a significant turn. Cholota’s prosecution for fraud and corruption, related to the asbestos removal tender saga, has been ongoing, with several developments in recent weeks. The Free State High Court had previously upheld a special plea from Cholota, challenging its jurisdiction to try her for the alleged crimes. However, the Constitutional Court has since intervened, sending the special plea back to the High Court for reconsideration.
The Special Plea and Extradition
Cholota’s special plea was based on the argument that the National Prosecuting Authority (NPA) had requested her extradition from the United States in 2024, rather than the Justice Minister. The High Court had initially upheld this plea, but the Constitutional Court has now found that this does not automatically mean the High Court has no jurisdiction to try Cholota. The court stated that "a court is only divested of its criminal jurisdiction in cases where the exercise thereof would bring the administration of justice into disrepute." This ruling has significant implications for Cholota’s prosecution, as it means that the High Court will need to reconsider the other grounds on which she based her special plea.
The Asbestos Removal Tender Saga
The case against Cholota and her co-accused, including Ace Magashule and Edwin Sodi, centers on a failed R255-million project to eradicate asbestos roofing in low-income homes in the Free State. The project was awarded to a joint venture involving Sodi’s company, Blackhead Consulting, and Magashule and other government officials allegedly received kickbacks in the process. The trial has been ongoing, with several delays and developments, including Cholota’s extradition from the United States, where she was previously studying. The State’s version of events is that Cholota refused to cooperate with Hawks officers who interviewed her in 2021, while Cholota maintains that her prosecution is effectively punishment for not implicating Magashule.
The Road Ahead
The High Court is expected to deliver a new ruling on Cholota’s special plea on February 18, with the main trial postponed to March 2. Cholota has been given until January 28 to file her heads of argument, and the State has been given until February 2. Arguments will be presented on February 3, and judgment is expected to be handed down on February 18. The outcome of this case will have significant implications for Cholota and her co-accused, as well as the broader investigation into corruption in the Free State government.
Conclusion
The case against Moroadi Cholota is complex and ongoing, with several developments in recent weeks. The Constitutional Court’s ruling has sent the special plea back to the High Court for reconsideration, and the outcome of this case will have significant implications for Cholota and her co-accused. As the case continues to unfold, it is clear that the investigation into corruption in the Free State government is ongoing, and those accused of wrongdoing will be held accountable. The public will be watching with interest as the case proceeds, and the outcome will likely have significant implications for the broader fight against corruption in South Africa.
