By Lehlohonolo Lehana.
Former Free State Premier Ace Magashule’s personal assistant Moroadi Cholota case has been postponed to Tuesday to allow the state time to finalise the opposition to the bail application and submission.
Cholota made her first appearance in the Bloemfontein Magistrate’s Court on Monday.
She is facing fraud, corruption, and money laundering charges linked to the Free State asbestos scandal.
During proceedings, the state requested a postponement, much to the dissatisfaction of the defence.
The state prosecutor Johan de Nysschen indicated that he is opposing Cholota’s bail bid, because the matter is a schedule five matter.
He also argued that they only received her bail affidavit this morning and didnt have enough time to go through it, to make a submission.
Her legal representative, Advocate Loyiso Makapela argued that Cholota must not spend another day in jail, as her co-accused have not spent a day behind bars.
“The case law is repeated with examples of the Constitutional Court [ConCourt] time-and-time-again, insisting that a person cannot be detained arbitrarily without just cause.
“To detain her for a single night longer than she should… simply does not stand,” Makapela said.
“I wish to introduce evidence that will show that I will attend all relevant court hearings in my matter and will not flee the country or pose a flight risk, nor will I commit any crimes or intimidate any witnesses in terms of this matter.
“In proving and showing this evidence that it is in the interest of justice to be released from detention at the earliest possible opportunity.”
Magistrate granted the postponement to allow state to study the affridavit and make a submission.
Cholota was extradited to South Africa from the United States (US) last Thursday.
She landed at the OR Tambo International Airport under the escort of law enforcement and was subsequently handed to the Hawks.
After spending a night at the Brooklyn Police Station in Pretoria, She was transported to Bloemfontein on Friday.
Cholota was sought in connection with an R255 million contract awarded in 2014 to the Diamond Hill Trading and Blackhead Consulting joint venture by the Free State Department of Human Settlements.
The contract was intended for the removal of harmful asbestos from homes in the province.
It is alleged that government officials in the Free State received R27 million in bribes related to this tender.
Magashule and his co-accused, including former Mangaung mayor Olly Mlamleli and controversial businessman Edwin Sodi, face fraud, corruption, money laundering, and contravention of the Public Finance Management Act (PFMA) charges.
The trial will run from 15 April to 23 June 2025 in the Free State High Court in Bloemfontein.