'She has indeed a case to answer to' -Judge rules that Ace Magashule's former PA will face trial in the R255 million Asbestos case

Bloemfontein High Court acting Judge Hefer AJ has dismissed Moroadi Cholota's application to have fraud and money laundering charges against he declared unconstitutional and invalid

Cholota, 37, a former personal assistant to Ace Magashule, is facing several charges relating to the R255million Asbestos project in the Free State dating back to 2014. 

The former personal assistant 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. 

Judgment in the matter was reserved on November 7, 2024, and judgment was delivered in court on Thursday. 

In his 37-page judgment Judge Venter said: "Upon consideration of all the facts placed before the court, the facts in the State's possession disclose that there is a prima facie case for prosecution owing to the payments for education and other activities facilitated by Ms Cholota from persons involved in the Asbestos Eradication Project and there are reasonable prospects of success for prosecution emanating against Ms Cholota from these payments." 

The Judge said that Cholota has repeated references to the bursary scheme which was involved in her replying affidavit. 

"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. 

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

In her founding affidavit, Cholota said she assisted the Zondo Commission in distinguishing the bursary schemes and financial assistance schemes for students.

“I explained my duties within the Office of the Premier, I explained how it came to be that there was interaction with companies and businessmen.

“For this reason, the State Capture Commission's ultimate Report found nothing untoward in relation to the bursary scheme and my role in that regard.”

Cholota said she expressed her dissatisfaction and her opinion that 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. 

The matter was dismissed with costs. 

Cholota will face trial in April along with 18 others including her former boss Ace Magashule and businessman Edwin Sodi.

According to the 110-page State indictment, Magashule, during his State of the Province Address in the Free State on June 26, 2014, made mention of the project to eradicate cancer-causing asbestos roofing in the Free State which would take place from 2014 to 2019.

The State further alleges that none of the work was ever done on the 300,000 houses.

In the indictment, the State further claims that proper procurement processes were not followed.

The State will further allege that the contracts between the Department of Human Settlement in the Free State and businessman Edwin Sodi and his company Blackhead Consulting were illegal and irregular.

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