By Lehlohonolo Lehana.
The trial against former ANC secretary-general Ace Magashule and 16 co-accused charged with corruption relating to a R255m asbestos roofing in the Free State has once again been postponed to 2 March 2026.
Magashule and his co-accused made a brief appearance in the Free State High Court.
This follows a recent Constitutional Court ruling that clarified the limits of the National Prosecuting Authority’s (NPA) extradition powers without halting the prosecution.
In a unanimous judgment delivered on 23 January 2026, Deputy Chief Justice Dunstan Mlambo ruled that the NPA does not have the authority to request the extradition of suspects from foreign countries.
This confirmed that the extradition of Moroadi Cholota, former personal assistant to Magashule, from the United States was unlawful.
However, the court overturned an earlier Free State High Court decision that had stopped Cholota’s prosecution, finding that the unlawful extradition does not automatically invalidate the criminal case or shield the accused from trial.
Cholota was extradited in August 2024 to face charges including fraud, corruption, theft and racketeering linked to the asbestos scandal.
The matter was remitted back to Judge Phillip Loubser in the Free State High Court to rule on submissions already before him in the trial-within-a-trial. This will see Cholota’s lawyers continue to argue on why her prosecution should not continue.
The matter was postponed to 3 February for further arguments. The High Court will then deliver a new ruling on 18 February.
In 2014, the Free State Department of Human Settlements irregularly awarded a R255 million asbestos removal contract to a joint venture (JV) between Blackhead Consulting, owned by controversial Edwin Sodi, and Diamond Hill Trading 71, owned by the late Ignatius Mpambani.
The tender, aimed at removing asbestos roofs from around 36,000 low-cost homes, was awarded without competitive bidding by piggybacking on a flawed Gauteng contract, violating procurement rules.
Only around R21 million worth of work, an initial assessment, was completed through a subcontractor. No significant asbestos removal occurred, leaving health risks unaddressed.
The State Capture Commission revealed Mpambani pitched an unsolicited proposal to then-Premier Ace Magashule’s office, with Sodi crediting Mpambani for securing the deal.
Mpambani was killed in 2017 in a suspected hit in Sandton.
Former MEC Mxolisi Dukwana testified at the State Capture Commission that Magashule orchestrated irregularities and benefited from gratifications, allegations Magashule denies as a “political witch-hunt.”
The state alleges R27 million in bribes, including a Range Rover, a house for officials, and benefits linked to Magashule via his former PA, Cholota.
In April 2025, the Free State High Court heard that Magashule allegedly received R10 million shortly after Sodi’s company was paid.
Magashule, Sodi, 16 others, and five companies face over 70 charges, including fraud, corruption, and money laundering. All have pleaded not guilty.
The delay extends through the remainder of the first term and potentially into the early part of the second term of 2026.
NPA spokesperson Mthunzi Mhaga says the delays in the asbestos trial were inevitable. This is at the back of the Constitutional Court ruling last week which declared unlawful the extradition of Cholota.