By Lehlohonolo Lehana.
Former ANC secretary-general Ace Magashule and his co-accused have pleaded not guilty in the R255 million Free State asbestos corruption trial.
Magashule, controversial businessman Edwin Sodi and other Free State government officials are being charged for awarding a dodgy tender for the replacement of asbestos from the roofs of 300 thousand township homes.
They face charges of fraud, corruption and money laundering.
Magashule has maintained he believes the case against him is a smear campaign and a fishing expedition.
Magashule, who is accused number 13 in the asbestos corruption matter, has maintained a confident posture in court.
When his turn came to plead, he gave his position and even more than what was asked of him.
Judge Phillip Loubser asked the former premier if he understood all the charges against him, to which he replied: “I clearly understand them, and I think I am ok.”
Magashule repeated his assertions from earlier media interviews, maintaining his innocence.
“From the onset I have pleaded not guilty in public, and I am formerly doing so in court.”
His former personal assistant Moroadi Cholota, who is challenging the constitutionality of her extradition from the United States late last year, also pleaded not guilty.
The state on Wednesday continued to read out the indictment, outlining each accused’s alleged role in the matter.
Sodi’s legal representative, Advocate Laurance Hodes, delivered his client plea explanation during proceedings, signalling that the defence’s plan was to challenge the admissibility of certain evidence presented in the indictment.
That evidence includes Sodi’s previous testimony before the Judicial Commission of Inquiry into Allegations of State Capture, chaired by former chief justice Raymond Zondo.
Hodes argued that relying on this evidence would compromise Sodi’s right to a fair trial.
Hodes, who is also representing Magashule, argued that the state had not complied with section 27 of the Prevention of Organised Crime Act in its prosecution of the former Free State premier.
He further challenged a bail condition barring Magashule from contacting Cholota, stating she was no longer a state witness.
The lawyer also claimed the state had not provided Magashule with a list of witnesses implicating him.
The court also heard Magashule received R10m shortly after Sodi’s company was paid R230m for a tender in 2014 to remove asbestos roofing from houses.
Speaking to the media at the end of Tuesday’s proceedings, Magashule said he was happy to finally have his day in court.
“Remember its on record, the prosecutor said whether Cholota is here or not the trail will continue. So, we have always said we are ready, and justice delayed is justice denied.
“South Africans are going to know the truth. We might call people who said a lot of things about us, whether in the state capture commission or anywhere, we might have to call them into the box.”