“We have always said that the conduct of the State was unlawful and unfair.”

These were the sentiments of Piet Thabane, attorney for Moroadi Cholota, Ace Magashule’s assistant, who won her legal battle in the R255 million Free State Asbestos case. 

The court recently ruled that Cholota’s extradition from the United States of America (USA) was unlawful. 

The 37-year-old was arrested in the US in April 2024, where she was kept in police custody and extradited to South Africa in August 2024.

She was charged with fraud and corruption in the R255 million Free State asbestos roofing case.

The final year political science student was kept in police custody for seven days and released on R2,500 bail in the Bloemfontein Magistrate’s Court in August 2024. 

Shortly after being released on bail, Cholota launched an urgent application against the National Prosecuting Authority (NPA) to dismiss the charges against her and to declare her extradition unlawful, which was subsequently dismissed.

In her founding affidavit, Cholota claimed that the NPA’s intention has always been to “degrade, humiliate and inflict cruel punishment on me for what the State deems as a failure to co-operate with it”.

“As I stated previously, the Asbestos Project has been investigated at length by other State agencies over and above the State Capture Commission, such as the Public Protector, the Special Investigating Unit, and the Auditor General.

“In none of these reports was I ever mentioned, let alone implicated.”

Speaking to IOL, Thabane said Cholota’s arrest and extradition were an abuse of power. 

“The main reason she was subjected to this unfair treatment was because she refused to implicate her boss, the former Premier Magashule.”

This week, the court ruled that it had no jurisdiction to try Cholota as her extradition from the United States of America was unlawful. 

Thabane said during the trial-with-a-trial, the State called two witnesses who had nothing to do with the extradition. 

“We did not present new facts, but the State failed to meet the minimum standard of proving their case.” 

He described Cholota’s arrest in the US as an apartheid tactic. 

“They thought they could intimidate her.”

Thabane said his client is relieved and vindicated. 

“It has been over a year since she has been dealing with this. But it is far from over. We are considering various options because my client’s Constitutional Rights were grossly violated.” 

When asked if she would be going back to the US to complete her political studies at Maryland University, Thabane said it was still early days. 

Thabane said he was aware that the NPA intended to appeal the matter and welcomed the decision. 

“They will only embarrass themselves.”

However, the NPA has affirmed that this will not affect the case against the 17 accused, which includes Edwin Sodi.  

According to the 110-page State indictment, Magashule, during his State of the Province Address in the Free State on June 26, 2014, made mention of the project to eradicate cancer-causing asbestos roofing in the Free State, which would take place from 2014 to 2019.

The State further alleges that none of the work was ever done on the 300,000 houses.

In the indictment, the State further claims that proper procurement processes were not followed.

The State will further allege that the contracts between the Department of Human Settlement in the Free State and businessman Edwin Sodi and his company, Blackhead Consulting, were illegal and irregular.

IOL News 

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