By Lehlohonolo Lehana.
The State in the fraud and corruption case against the ex-personal assistant of former Free State Premier Ace Magashule submitted a comprehensive opposing affidavit to her bail papers which were read out in court on Monday.
Moradi Cholota appeared in the Bloemfontein Magistrates Court in connection with her alleged involvement in the irregular awarding and looting of the R255 million asbestos tender.
During her bail application, Cholota outlined in her affidavit the State had no evidence to prove her involvement in facilitating corrupt activities on behalf of Magashule.
In her affidavit presented in court on Monday, Cholota dismissed being involved in the botched R255 million asbestos tender.
But the State said it had gathered evidence showing she played a significant role in the irregular awarding and looting of the tender meant to replace asbestos roofing on low-cost houses in the Free State.
During proceedings, prosecutor Johan de Nysschen presented the affidavit of Hawks investigating officer Benjamin Calitz, detailing the state’s reasons for opposing Cholota’s release on bail.
In the affidavit, Calitz argued that releasing Cholota on bail would not serve the interests of justice, as she poses a flight risk and is likely to evade trial.
The Hawks investigator also accused Cholota of misleading the court by omitting key information regarding the events leading up to her extradition.
Cholota had been the subject of an Interpol red notice issued after an application was made in October 2021 and issued on 13 December 2021.
“Cholota, at best, had last left the United States nearly as she was unable to travel internationally due to the existence of the red notice and she would have been arrested upon entering the United States again,” the affidavit reads.
“Calitz’s affidavit further revealed that Cholota was initially arrested in the US after her study visa expired, but was later released.
Calitz pointed out that although Cholota was extradited using emergency travel documents, nothing prevented her from applying for a new passport or requesting a reissue of the passport she left behind in the US, which remains valid until 2029.
The investigating officer questioned how Cholota managed to fund her continued living and studies in the US after her bursary was cancelled.
He also cast doubt on her claim that she could only afford a low bail amount.
“Logic questions should further be asked about who is funding legal representation both in these proceedings and those dismissed proceedings in the Constitutional Court, especially because she can only afford bail of R2 500.”
Cholota has been in police custody since last Friday, when she was extradited from the US, following numerous attempts by the state to secure her appearance in court for the Asbestos corruption case.
Her lawyer, Advocate Loyiso Makapela, argued that Cholota was being unfairly treated, compared to her co-accused who were released on bail within 24 hours of their arrest.
“She has been detained, uninterrupted, for a period of four months. That is 80 times longer than any of her co-accused,” Makapela told the court.
Magistrate Estelle De Lange has postponed the bail proceedings to Thursday,15 August, granting the defence additional time to submit its written response to the state’s submissions.
National Prosecuting Aurhority spokesperson Mojalefa Senokotsoane says each person’s bail application is judged on its own merits.
“There is nothing that is holding her back from evading her trial because she did not come back voluntarily to south africa. We are of the view that she will try by all means to evade her trial.”