Why Ace Magashule's former PA is delaying the R255 million asbestos trial

Moroadi Cholota will stand trial alongside her former boss Ace Magashule in the R255 million Free State asbestos trial. 
Picture: NPA and Oupa Mokoena.

Moroadi Cholota will stand trial alongside her former boss Ace Magashule in the R255 million Free State asbestos trial. Picture: NPA and Oupa Mokoena.

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The State has accused Moroadi Cholota of using delaying tactics after her lawyer asked for a postponement due to outstanding financial instructions.

Cholota, 37, a former personal assistant to Ace Magashule, is facing several charges relating to the R255 million Asbestos project in the Free State dating back to 2014. 

On Friday, she briefly appeared in Bloemfontein High Court where the matter was supposed to proceed with the pre-trial conference.

During the proceedings, Cholota's legal representative informed the court that they were not ready to proceed with the pre-trial conference or the trial, due to outstanding financial instructions.

"The State argued that the defence's reasons for the delay were part of a deliberate stalling tactic. The prosecution emphasised that it was ready to proceed with the trial," said National Prosecuting Authority (NPA) spokesperson, Mojalefa Senokoatsane.

Cholota was arrested in the United States of America in April 2024 and extradited to South Africa in August 2024. 

Her bail of R2,500 was granted by the Bloemfontein Magistrate’s Court on August 15, 2024, despite the State arguing that Cholota was a flight risk with very little respect for the law.

The political science student at Maryland University in the US challenged the Free State Director of Prosecutions saying that their case against her was weak. 

She also wanted the court to declare her extradition unlawful. 

In January, the high court dismissed Cholota's application to have fraud and money laundering charges against he declared unconstitutional and invalid

In a 37-page judgment, the acting judge said: "She has indeed a case to answer to as to explain why certain businessmen connected with the Asbestos Project were approached by her for gratifications, and at times when they recently received payments from the Free State Department of Human Settlements in connection with the relevant tender."

The judge added that it was up to the trial court to decide if the charges against Cholota lacked reasonable grounds. 

Meanwhile, Cholota said she was being made to confirm facts she knew nothing about “in order to strengthen the case against my former boss, the former Premier of the Free State Province.”

The State argued that Cholota did not voluntarily return to South Africa and fought her extradition both in the United States and South Africa. 

The State further alleged that Cholota received several payments from persons related to Magashule, being service providers or parties related to them in her personal Capitec banking account. 

The NPA also denied allegations of threats, and mental torture made by Cholota during her questioning in the USA. 

Senokoatsane said Cholota will stand trial from April 15 to June 23, 2025, along with 18 others including her former boss Ace Magashule and businessman Edwin Sodi.

Meanwhile, a new date for the pre-trial conference will be communicated to all parties in due course.

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