Judgment was reserved after two Senior Counsels (SCs), representing the State and applicants, battled it out in this court of law in Bloemfontein on Tuesday. Adv. Laurence Hodes (SC), representing the suspended ANC SG Ace Magashule, tried in his bid to tear the State’s argument apart that Magashule failed to report the crime because he knew about the shenanigans in the asbestos saga. The judgment is expected on 16 April 2022.  

Adv. Nazeer Cassim (SC), representing the State, told Judge Naidoo that the application by Magashule is a ridiculous one and labelled his attempts to have charges of corruption against him withdrawn, as opportunistic.

Magashule and three other co-accused, including businessman Edwin Sodi, former Head of the Department (HOD) of Human Settlements, Nthimotse Mokhesi, and former Director-General (DG) Thabane Zulu, want charges against them to be withdrawn.

Legal representatives for three of the accused - Sodi, Mokhesi and Zulu - on Monday argued that the State is relying on evidence deduced from the State Capture Commission and this is encroaching on the accused's right to a fair trial.

They are accusing the state of piggy-backing on the State Capture Commission's evidence to strengthen its case against the accused who have already incriminated themselves at the commission whilst deducing evidence.

They allege that the pattern of their client’s arrests is worrying. Both Adv. Christo Meiring and Adv. Solly Maakane (SC) detailed how their clients were nabbed by the Hawks merely weeks after testifying at the commission. But Cassim poured cold water on their arguments.

Magashule is, however, steadfast in his stance about the National Prosecuting Authority (NPA). On Monday he said the NPA is wasting the time of those who stand accused. Speaking to the media ahead of his appearance, he said the NPA is flip-flopping in media statements about the case.

He said all it's doing is wasting time.

The pretrial proceedings of the asbestos criminal case, where the suspects are facing charges ranging from fraud, corruption, and money laundering, was postponed to 10 June 2022 after a brief appearance by the suspects. The postponement was to make way for the civil litigation brought by the four accused.

The accused, in this case, includes Limpopo businessman Edwin Sodi; former Mangaung Metro Mayor, Olly Mlamleli; the former head of the Free State Department of Human Settlements, Nthimotse Mokhesi; the Director for Supply Chain Management at Human Settlements, Mahlomola John Matlakala; a businessman residing in Johannesburg, Sello Joseph Radebe; a Pretoria businessman, Abel Kgotso Manyeki; the former Director-General for the National Department of Human Settlements, Thabane Wiseman Zulu; and Albertus Venter, who occupied a role in the Free State Premier’s office.

It's alleged Sodi was irregularly awarded the housing audit tender via his joint venture with Diamond Hill Trading - owned by murdered Welkom businessman, Igo Mpambani - by the Free State Human Settlements Department in 2014. Not only was the tender irregular but it is reported that kickbacks were given to some of the accused.

The implicated group is facing more than 70 counts of fraud, theft, attempted theft, corruption, and money laundering. Following their arrests, the suspects were released on bail ranging from R50 000 to R500 000.

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