By Lehlohonolo Lehana.
The former personal assistant of former Free State premier Moroadi Cholota filed an urgent application to have the fraud and corruption charges against her dropped.
She is also applying for her extradition from the USA and subsequent arrest to be declared unconstitutional and invalid.
Her extradition was approved on 7 June by Judge Erin Aslan of the Maryland District Court in the US.
Cholota through her lawyers says the State has no evidence to prove she engaged in fraud, corruption and money laundering.
Her attorney Piet Tibane from Morakile Tibane Attorneys said, there was no reasonable or probable basis for the charges of fraud, money laundering and corruption levelled by the State against her client.
Cholota (37) is one of 17 individuals, facing several charges related to the controversial R255 million asbestos roofing project in the Free State, dating back to 2014. The charges against the group include fraud, corruption, and money laundering.
She is currently out on bail after the Bloemfontein Magistrates Court last week granted her bail of R2,500.
The National Prosecuting Authority (NPA) has until tomorrow to respond.
The matter will be heard on Monday, August 26.
According to Hawks investigating officer affidavit, Cholota is accused of four counts of fraud resulting in a loss to the state of more than R36.5-million, as well as five counts of corruption – ranging between amounts from R30,000 and up to R470,000.
The State claimed that Cholota acted in common purpose by participating in a conspiracy to commit the aforementioned crimes with some of her co-accused.
The other co-accused along with Cholota are Ace Magashule, businessman Edwin Sodi, former director-general of the national Department of Housing Thabane Zulu, as well as Nthimotse Mokhesi, Mahlomola Matlakala, Sello Radebe, Adel Kgotso Manyeki, Nozipho Molikoe, Albertus Venter, Margaret-Ann Diedericks and former MEC and Mangaung mayor Olly Mlamleli.
In addition, companies charged include Blackhead Consulting, 602 Consulting Solutions, Mastertrade 232 and Ori Group.
Cholota’s testimony before the State Capture Commission in late 2019 is key to this trial, which revealed much about the intermediary role she played in requesting financial favours from people like the slain Igo Mpambani, on behalf of her boss.
The pre-trial in the criminal matter has been set down for the 11th September at the Free State High Court.