By Karyn Maughan.
The Supreme Court of Appeal (SCA) has dismissed attempts by former ANC secretary-general Ace Magashule and businessperson Edwin Sodi to attack the legality of the asbestos scam prosecution against them, paving the way for them to go on trial on Friday.
The SCA on Tuesday dismissed the appeal applications lodged by Magashule, Sodi and two of their co-accused on the basis that they had “no reasonable prospects of success…and there is no compelling reason why an appeal should be heard”.
Magashule stands accused of involvement in a corrupt R255-million asbestos tender scheme that allegedly saw multiple high-ranking Free State government officials receiving kickbacks from money meant to fund the removal of harmful asbestos from the homes of the province’s poorest residents.
Instead of the affected houses being safely rid of asbestos at a reasonable price, the State says Sodi and his co-accused essentially embarked on a “rent-seeking” scheme that ultimately resulted in only R21 million worth of work being done.
It is the State’s case that Magashule’s alleged cut of this corrupt scheme came in the form of school tuition for Gupta ally Refiloe Mokoena’s daughter, electronic tablets, and R250 000 for the travel expenses of a delegation to Cuba.
These alleged gratifications were given via payments made by murdered businessperson and asbestos tender beneficiary Igo Mpambani, following email requests made by Magashule’s ex-PA, Moroadi Cholota.
Magashule insisted there was no evidence against him and embarked on unsuccessful litigation to have the case against him quashed.
He and his co-accused are due back in court on Friday, when the State will argue that the case against them should proceed.
In September, the prosecutor, Johannes de Nysshen, had told the Free State High Court in Bloemfontein the State was ready to put Magashule and his co-accused on trial.
The other accused in the asbestos case include former director-general of the national department of housing, Thabane Zulu, Nthimotse Mokhesi, Mahlomola Matlakala, Sello Radebe, Abel Kgotso Manyeki, Olly Mlamleli, Nozipho Molikoe, Albertus Venter, Moroadi Cholota and Margaret-Ann Diedericks.