By Lehlohonolo Lehana.
Former ANC secretary-general Ace Magashule, along with his former personal assistant Moroadi Cholota, appeared in the Free State High Court in Bloemfontein on Tuesday for the start of the trial, which is scheduled to run until 23 June 2025.
Magashule, controversial businessman Edwin Sodi and other Free State government officials are being charged for awarding a dodgy R255 million tender for the replacement of asbestos from the roofs of 300 thousand township homes.
They face charges of fraud, corruption and money laundering.
All are currently out on bail, with amounts ranging between R50 000 and R500 000.
A postponement was expected in the Free State asbestos corruption trial, as the matter has been characterised by delays and hurdles since it was enrolled in 2021.
During proceedings, prosecutor Advocate Johan de Nysschen informed Judge Philip Loubser that the state was ready to proceed with the trial.
However Mahlape Mohanoe, the lawyer for Free State supply chain director Mahlomola Matlakala, told the court that he only received instructions and the docket last week.
She also told the court that the advocate representing Matlakala has double-booked himself and is appearing in another matter in Johannesburg.
Judge Loubser took issue with this.
“The problem I have with your request is that it is a rule of the Bar Association that an advocate may not accept a double brief.”
Advocate Laurance Hodes, representing Magashule and Sodi, opposed the postponement, highlighting the lengthy delays since his clients were first arrested in 2020.
“There have been numerous appearances, postponements and pre-trial conferences,” Hodes said.
He warned that a further delay could mean that he and other legal representatives would only be available in 2026.
“We are clearly prejudiced by these delays.”
Judge Loubser snubbed Mohanoe’s request for a postponement.
“It is my view that this case must proceed today [Tuesday]. We cannot postpone, postpone, postpone and in three months’ time, we sit in the same position, and in six months’ time, we sit in the same position again.”
Cholota’s lawyer, Advocate Loyiso Makapela, raised concerns over her client’s readiness.
She informed Loubser that Cholota is currently challenging her extradition from the United States (US) in the Supreme Court of Appeal (SCA).
Her earlier attempt to have her arrest and extradition declared unlawful was dismissed by the Free State High Court.
Makapela explained that a leave to appeal application had not yet been filed, as she had been focused on preparing for the trial.
“That will be a parallel litigation together with this criminal trial.
“Although one does not depend on the other, the outcome of the Supreme Court of Appeal’s decision has a direct bearing on these proceedings as it relates to her extradition,” she said.
Following a brief adjournment, Prosecutor Tammy McPherson proceeded to read the indictment to all the accused.
Sodi, Matlakala and former Free State Human Settlements head Nthimotse Mokhesi pleaded not guilty to the charges, before proceedings were disrupted by heavy rain.