By Lehlohonolo Lehana.
The United States court has ruled that Sekgobela Ace Magashule’s former PA Moroadi Cholota can be extradited to face corruption charges in South Africa.
Cholota is wanted by South African (SA) authorities in connection with a corruption case involving the R255 million Free State asbestos tender.
She had been a pivotal witness for the State, which is attempting to prove that Magashule was a willing participant in the asbestos tender scheme that saw multiple high-ranking Free State government officials receive kickbacks from money meant to fund the removal of harmful asbestos from the homes of the province’s poorest residents.
It is the State’s case that Magashule’s alleged take came in the form of school tuition for Gupta ally Refiloe Mokoena’s daughter, electronic tablets, and R250 000 for the travel expenses of a delegation to Cuba. Those alleged gratifications were given through payments made by murdered businessman and asbestos tender beneficiary, Igo Mpambani, following email requests from Cholota.
US authorities apprehended Cholota in Baltimore, where she resides, following a warrant for her arrest and detention issued by US Judge Charles Austin on 12 April 2024.
The Maryland District Court has now ruled that Cholota, who remains in custody, can be extradited back to South Africa to stand trial.
US Magistrate Judge Erin Aslan, in a judgment delivered on 7 June, found that the National Prosecuting Authority (NPA) had produced enough evidence against Cholota.
Among other things, Judge Aslan considered the extradition treaty between the US and South Africa, concluding that the agreement was in “full force and effect”.
Judge Aslan found that Cholota’s charges were “extraditable offences” under the extradition treaty.
Cholota will face four counts of fraud as well as five counts of corruption contrary to the Prevention and Combatting Corrupt Activities Act (Precca), according to the court document.
Magashule and 15 others are accused of being involved in a corrupt tender scheme and received bribes from the R255m tender awarded to corruption-accused businessman Edwin Sodi.
They are charged with fraud, corruption, money laundering and the contravention of the Public Finance Management Act (PFMA).
The case will return to the Free State High Court in Bloemfontein on 14 June 2024.