By Lehlohonolo Lehana.
The asbestos trial-within-a-trial resumed at the Free State High Court in Bloemfontein on Wednesday, following delays caused by the ill health of state witness Benjamin Calitz.
Calitz,the investigating officer in the R255 million asbestos corruption case, has been testifying in the trial-within -a-trial.
The hearing follows Judge Phillip Loubser’s decision to allow Moroadi Cholota to challenge both the court’s jurisdiction to prosecute her and the legality of her extradition from the United States (US).
Cholota stands accused of facilitating illicit financial transactions on behalf of former Free State Premier Ace Magashule.
After Calitz delivered his evidence-in-chief and was cross-examined last week by Cholota’s legal representative, proceedings resumed with arguments from Magashule’s counsel Advocate Laurence Hodes.
Hodes, argued last week for the right to cross-examine the state witness and submitted transcripts of an interview between Cholota and investigators. This move drew sharp criticism from Judge Phillip Loubser, who said Hodes’ conduct was unacceptable, as the transcripts had not been officially introduced at this stage.
His request for cross-examination was based on a transcript of an interview conducted between Calitz and Cholota in the US in September 2021.
Loubser ruled that Hodes could proceed with the cross-examination of Calitz but imposed strict limitations.
“The court will not allow any question to the present witness which will have a bearing on the merits against accused 13 [Magashule].”
Hodes challenged Calitz over whether Cholota had been informed in advance of his trip to the US to interview her.
“Instead, you remained silent and arrived without any prior notification to her,” Hodes said – an assertion Calitz did not dispute.
“You went all the way to America; everything was sorted out, but not once did you bother to say, ‘Let’s make sure she’s there. What if she went on holiday, or what if she is not available?”
Calitz responded by clarifying that it had not been his responsibility to handle communication.
While Calitz agreed with Hodes that evidence existed implicating Cholota, he firmly denied that this was used to pressure her into turning against Magashule.
The witness contended that the purpose of the trip to the US was to clarify email communications in which Magashule was named.
He argued that Cholota’s explanation could potentially have cleared her of wrongdoing.
Calitz also rejected the notion that Cholota would have become a Section 204 witness simply by implicating Magashule.
Cholota was extradited to South Africa in August 2024 to face charges alongside Magashule and others related to fraud and corruption.
Meanwhile the Free State High Court has granted the National Prosecuting Authority (NPA) a R32-million preservation order targeting assets linked to Magashule and others implicated in a sprawling asbestos corruption and money laundering scheme.
According to the NPA, the seized assets are believed to be the proceeds of a web of criminal activities, including theft, fraud, corruption, and money laundering, orchestrated at the expense of the Free State Department of Human Settlements (FSDHS).
“The involved individuals, companies, and trusts are alleged to have engaged in a complex web of financial flows, designed to strip the FSDHS of its much-needed resources,” said NPA national spokesperson Mthunzi Mhaga.
“They were allegedly able to move the proceeds of crime through attorneys, real estate agencies, and high-end motor dealers.”
The Asset Forfeiture Unit (AFU) has shown through financial flows that these properties were purchased with monies siphoned from the FSDHS, the statement read.
“This preservation order follows a Restraint Order of R300 million granted to the unit by the High Court in September 2020. This was in respect of the same asbestos corruption and money laundering scheme.
“The order will effectively put a freeze on and thwart any efforts to dissipate the very assets sought to be preserved.”
The NPA said this will provide for the subsequent forfeiture of these proceeds of crime to the state.
Controversial businessman Edwin Sodi and Free State government employees stand accused in the main trial for the dodgy tender awarded by the Department of Human Settlements.
The contract was for replacing asbestos roofs in 300,000 township homes, but that never happened.
The trial within a trial may drag a little longer than expected after some of the defence lawyers in the matter petitioned the court to cross-examine the first State witness.