By Lehlohonolo Lehana.
The Free State High Court in Bloemfontein has dismissed the corruption co-accused Moroadi Cholota’s bid not to stand trial in the R255 million asbestos corruption case.
The High Court’s decision follows a ruling by the Constitutional Court of South Africa, which upheld an appeal by the National Prosecuting Authority (NPA) in the extradition matter after a lower court decision had set Cholota free.
Cholota had challenged her extradition from the United States and initially succeeded, prompting the NPA to petition the Constitutional Court to overturn that ruling.
The apex court found that while the extradition process was flawed, this did not invalidate the criminal proceedings against her.
The Free State High Court was then required to rule on Cholota’s special plea, which it has now dismissed.
Judge Philip Loubser delivered his ruling on Wednesday, 18 February 2026, following a trial-within-a-trial regarding Cholota’s special plea.
Judge Loubser says it is clear that Cholota became a suspect in the asbestos trial after she refused to implicate her former boss Ace Magashule during her interview with the Hawks in the United States.
“This court finds that Ms Cholota was indeed regarded as a suspect in the pending criminal trial from the moment it transpired that she was not prepared to implicate Mr Magashule.”
He also highlighted that a US court judgment also found that probable cause existed to support Cholota’s charges and ruled that she can be extradited to stand trial.
The judge concluded that the state had shown “beyond reasonable doubt” that parts of the grounds in Cholota’s special plea had no merit.
“This court has jurisdiction to try Ms Cholota on the charges she is facing,” Loubser ruled.
The matter is set to resume on 2 March.
Cholota and 18 co-accused are facing charges of fraud, corruption, money laundering and violations of the Public Finance Management Act (PFMA).
These charges stem from a R255 million contract awarded in 2014 by the Free State Department of Human Settlements to a joint venture between Diamond Hill Trading and Blackhead Consulting.
The new National Director of Public Prosecutions, Andy Mothibi, commended the team in the matter.
“Our prosecutorial arsenal continues to display their legal prowess that received affirmation at the apex court, resulting in the fight against serious corruption being enhanced and the rule of law upheld. We cannot allow impunity to reign supreme when we have a constitutional obligation to hold those accused of criminality accountable,” said Mothibi.