By Lehlohonolo Lehana.
Suspended ANC secretary-general Ace Magashule returned to court as the pre-trial for his fraud and corruption charges over the free state asbestos project began.
The pre-trial is adjourned to 10 June 2022.
The State says it has filed all the paperwork required in its attempt to seek the extradition of former Magashule’s personal assistant Moroadi Cholota and “the matter is ongoing”.
More information on this should emerge on 10 June, which is when the pre-trial hearing will proceed.
Meanwhile businessman Edwin Sodi and several of his co-accused argue that they should be “excused” from prosecution in the asbestos case, on the basis that it is improperly founded on evidence led at the State Capture Inquiry.
Advocate Christo Meiring is arguing that Regulation 8 (1) of the State Capture Inquiry regulations, which prohibits an incriminating statement from being used in any criminal trial against the person who made the statement.
The NPA, represented by advocate Naseer Cassim, contends that there is “no blanket immunity from prosecution” as proposed by Sodi and several of his co-accused. The NPA further argues that the accused who want to raise this argument must do so in their criminal trial “when the occasion arises and the trial court will deal with the matter”.
They have been charged with fraud, corruption, theft and money laundering, among other charges, linked to a R255 million contract for the assessment and removal of asbestos from roofs and/or housing in some of the Free State’s poorest areas.
That 2014 contract, the state alleges, would be defined by rent-seeking and corruption and would ultimately result in two subcontracted companies being paid R21 million to do the work, which was never actually completed. The rest of the money was allegedly pocketed by the accused.
Allies such as former North West premier Supra Mahumapelo, former ANC Nelson Mandela Bay councillor Andile Lungisa and Fees Must Fall activist Mcebo Dlamini have also during previous appearances made their way to the Free State to show their support.
The court will hear arguments of Magashule’s tomorrow. NPA spokesperson, Mthunzi Mhaga maintains that the state has a strong case against the accused.
“We are hoping that the civil proceedings will be cleared tomorrow so that we get a judgment before the 10th of June so that it doesn’t affect the pre-trial conference. So that later on there will be a setting of the trial date where all the issues that they are bringing up now can be properly ventilated, despite their long arguments, we still confident that charges against the accused are sustained. We still confident that the witnesses that we have lined up will be able to present credible evidence in the long run when the trial starts, “says Mhaga.
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