Bloemfontein – Former personal assistant to suspended African National Congress (ANC) Secretary General Ace Magashule, Moroadi Cholota, has suffered another legal setback in her fight against prosecution related to the multi-million rand asbestos audit contract scandal. The Supreme Court of Appeal (SCA) in Bloemfontein dismissed her application for leave to appeal a high court ruling that previously dismissed her bid to have the charges against her dropped, according to News24.
Cholota, along with several other accused, including businessman Edwin Sodi and former Free State Human Settlements head of department Thabane Zulu, faces charges of fraud, theft, and money laundering. The charges stem from a R235 million contract awarded in 2014 for the assessment of asbestos removal in Free State homes. Prosecutors allege that the contract was fraudulently obtained and that funds were misappropriated. This latest ruling marks a significant hurdle for Cholota, who has consistently maintained her innocence and argued that the prosecution is politically motivated.
The Asbestos Scandal: A Timeline of Events
The asbestos saga began in 2011 when the Free State provincial government identified the demand to audit asbestos-containing structures in the province. In 2014, a contract worth R235 million was awarded to the joint venture of Black Diamond Group and Diamond Hill Trading. Daily Maverick details how the project was plagued by irregularities from the outset, with concerns raised about the companies’ qualifications and the inflated contract value.
Investigations into the contract began to gain momentum in 2019, leading to the arrest of several individuals, including Cholota, Sodi, and Zulu. The National Prosecuting Authority (NPA) alleges that the contract was awarded irregularly and that the funds were used for purposes other than the intended asbestos audit. The state contends that Cholota played a key role in facilitating the fraudulent scheme, leveraging her position as Magashule’s PA to influence the awarding of the contract. Magashule himself has been implicated in the scandal, though he has not been formally charged in connection with the asbestos audit.
Cholota’s Legal Battles and the High Court Ruling
Cholota has been fighting the charges in court since her arrest, arguing that the NPA’s case against her is weak and lacks sufficient evidence. She previously sought to have the charges against her dropped, claiming that the prosecution was an abuse of process. However, the Free State High Court dismissed her application in February 2024, a decision she then appealed to the SCA. The SCA’s dismissal of her leave to appeal effectively upholds the High Court’s ruling, meaning she will now have to stand trial on the charges against her.
According to court papers, Cholota argued that the NPA had deliberately delayed the investigation and prosecution, and that this delay prejudiced her rights. She also claimed that the NPA was using her as a scapegoat in an attempt to implicate Magashule. The SCA, however, found no merit in these arguments, stating that the NPA had acted reasonably in pursuing the investigation and prosecution.
Impact and Stakeholders
The asbestos scandal has had a significant impact on the Free State provincial government and the ANC. The scandal has fueled allegations of corruption and state capture, further eroding public trust in the government and the ruling party. The case also affects the residents of the Free State who were meant to benefit from the asbestos removal project, as the funds were allegedly diverted from this crucial public health initiative. The ongoing legal proceedings are expected to shed further light on the extent of the alleged corruption and the individuals involved.
The NPA views the successful prosecution of those involved in the asbestos scandal as a crucial step in its efforts to combat corruption and hold those responsible for state capture accountable. The case is being closely watched by civil society organizations and anti-corruption activists, who see it as a test of the NPA’s commitment to fighting corruption. The outcome of the trial could have far-reaching implications for future corruption investigations and prosecutions.
The trial is scheduled to continue in the Free State High Court, with dates yet to be finalized. The NPA has indicated that it is preparing a strong case against Cholota and the other accused, and that it is confident of securing convictions. The state intends to present evidence of fraudulent transactions, irregular payments, and the alleged misuse of public funds. Cholota and her legal team are expected to vigorously defend against the charges, arguing that she is innocent and that the prosecution is politically motivated.
The next step in the legal process will be the pre-trial hearing, where the court will address logistical matters and set a trial date. Members of the public and the media are expected to attend the proceedings, which are likely to be closely followed by those interested in the outcome of this high-profile case. Updates on the case will be available through the NPA and the Free State High Court.
This ongoing legal battle surrounding the asbestos audit contract underscores the complexities of prosecuting corruption cases and the importance of ensuring accountability for those who abuse public office. The case serves as a reminder of the need for transparency and good governance in the management of public funds.
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