By Lehlohonolo Lehana.
The Free State High Court has on Monday, dismissed with costs Ace Magashule’s former PA Moroadi Cholota’s bid to have charges dropped.
Cholota filed an urgent application to have the fraud and corruption charges against her dropped.
She is also applied for her extradition from the USA and subsequent arrest to be declared unconstitutional and invalid.
Her extradition was approved on 7 June by Judge Erin Aslan of the Maryland District Court in the US.
She is among those accused, alongside Magashule, in the R255-million Free State asbestos scandal and is facing charges of fraud, corruption, and money laundering.
Advocate Loyiso Makapela, representing Cholota, informed the high court that her client sought to bring this urgent application before the pre-trial hearing.
“In our view, we cannot, after the pre-trial, come back and say we have got one more point to raise.
“We wish to go to the pre-trial having done away with these issues. We feel it will be moot after the pre-trial,” she said.
However, Judge Mareena Opperman questioned the urgency of the matter and enquired why the application was not enrolled through the standard court processes.
“The fact that the pre-trial is set down for September does not prevent you from raising these issues at the pre-trial even, and the date of trial is only in April 2025”, Opperman said.
Makapela argued Cholota wanted to avoid being accused of delaying the trial.
“We simply do not want to have a situation where the applicant is viewed as delaying the proceedings,” the advocate said.
Earlier, the counsel for the prosecution, had argued that Cholota’s application was “an attempt to embarrass the state”.
“From some of the submissions my learned friend made today, many of which are not on the papers, it seemed that has just corroborated this view.
“This matter does not deserve the attention of this court. It is being brought extremely urgently for essentially declaratory relief,” she said.
The lawyer disputed the assertion that Cholota’s constitutional rights have been violated.
“I point out that the applicant is currently out on bail.
“Her bail conditions are lenient and as far as I am aware, she has not applied for any changed circumstances as to the bail conditions. Thus, there is no liberty that’s at stake in this matter.”
Delivering her ruling, Opperman dismissed the application and stated that her reasons would follow in due course.
“The matter shouldn’t have been on the roll today because I didn’t have enough evidence before me to adjudicate the matter.
“I could not allow it on the basis of urgency, then you will be mounted with costs,” she ruled.
The other co-accused along with Cholota are Ace Magashule, businessman Edwin Sodi, former director-general of the national Department of Housing Thabane Zulu, as well as Nthimotse Mokhesi, Mahlomola Matlakala, Sello Radebe, Adel Kgotso Manyeki, Nozipho Molikoe, Albertus Venter, Margaret-Ann Diedericks and former MEC and Mangaung mayor Olly Mlamleli.
In addition, companies charged include Blackhead Consulting, 602 Consulting Solutions, Mastertrade 232 and Ori Group.
Cholota’s testimony before the State Capture Commission in late 2019 is key to this trial, which revealed much about the intermediary role she played in requesting financial favours from people like the slain Igo Mpambani, on behalf of her boss.
The pre-trial in the criminal matter has been set down for the 11th September at the Free State High Court.