Johnathan Paoli
THE case against former personal assistant to erstwhile Free State Premier and current African Congress of Transformation (ACT) leader Ace Magashule – Moroadi Cholota – has been postponed till Tuesday.
Cholota appeared in the Bloemfontein Magistrate’s court on Monday, accused of facilitating financial favours from business owners on behalf of Magashule.
Advocate for the accused, Loyiso Makapela delivered Cholota’s written affidavit and said that despite the charges of fraud, corruption and money laundering, the State had no tangible evidence to prove her guilt beyond a reasonable doubt.
In the affidavit Cholota said: “The law requires that the State prove the case against me beyond a reasonable doubt. I am certain that it will fail to do so as it has no evidence that links me to any fraud, corruption or money laundering. I thus intend to plead not guilty in the envisaged trial”.
Cholota, who returned to the country last week, following her extradition from the USA, greeted her family as she arrived in court.
While Makapela formally applied for bail, the state said it required additional time in order to draft an affidavit opposing her release.
Makapela criticised the delay in concluding the case and said the state seemed to be dragging its feet unnecessarily.
Cholota’s attorney, Piet Tibane, highlighted the unfair nature of how his client was being treated and said that while she’s been imprisoned, none of her 16 co-accused have spent a day behind bars.
“One wonders why our client is being treated differently. But we strongly believe that our client will get bail tomorrow cause there’s no full reason why, as a matter of fact, they should keep her in prison,” Tibane said.
The court postponed the case for another day in order to allow more time for the prosecution to formally present its affidavit opposing Cholota’s release on bail.
Cholota is linked to a R255 million contract awarded by the Free State Human Settlements department to a joint venture by the Diamond Hill Trading company and Blackhead Consulting back in 2014.
The contract was awarded for the removal of harmful asbestos from houses in the province and it is alleged that government officials received up to R27 million in bribes.
Magashule with his co-accused including former Mangaung mayor Olly Mlamleli and controversial businessman Edwin Sodi are facing charges of fraud, money laundering and contravention of the Public Finance Management Act (PFMA).
The trial is expected to run from 15 April to 23 June next year.
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