The case, which has garnered media attention and public scrutiny, proceeded in the Free State High Court on Wednesday morning (4/6), but was adjourned to 26 January. The delay extends through the remainder of the first term and potentially into the early part of the second term of 2026.

The postponement followed the state’s application to appeal a recent ruling by Judge Philip Loubser which was delivered on Tuesday. The judge’s decision favoured former Magashule PA Moroadi Cholota, who challenged her arrest and extradition from the United States.

The State argued that the ruling could jeopardise the case, as Cholota is considered an integral part of the asbestos roofing scandal.

Adv. Johan de Nysschen, representing the prosecution, emphasised that if the appeal were successful, Cholota could potentially be re-included as a suspect, which might alter the dynamics of the ongoing trial. The state’s application for a postponement was granted, with Judge Loubser highlighting the importance of avoiding further delays.

Loubser ruled SA authorities failed to adhere to lawful procedures when requesting Cholota’s extradition from the U.S. He stated US authorities relied on false and incorrect information provided by South Africa, rendering the extradition unlawful and the court’s jurisdiction questionable.

NPA spokesperson Adv. Mthunzi Mhaga had clarified the judgment does not directly impact the broader trial against the remaining accused, which resumed this morning. Mhaga noted that Cholota was an accused individual, not a witness, and therefore her legal status does not alter the prosecution’s case against others.

However, De Nysschen highlighted the significance of the appeal, stressing Cholota’s potential role as a key accused if the extradition issue is resolved in favour of the prosecution.

The asbestos project case has become a symbol of alleged corruption and maladministration in South Africa’s public sector. It centres around the irregular awarding of a R255 million housing audit tender by the Free State Department of Human Settlements in 2014.

The tender was awarded in collaboration with Diamond Hill Trading, owned by the late Welkom businessman Igo Mpambani, and is alleged to have involved kickbacks and fraudulent practices.

‘The accused collectively face over 70 counts, including fraud’

Among those charged are high-profile figures such as former Mangaung Mayor Olly Mlamleli, former Free State Department of Human Settlements head Nthimotse Mokhesi, supply chain management director Mahlomola John Matlakala, and several businesspeople, including Sello Joseph Radebe, Abel Kgotso Manyeki, and Thabane Wiseman Zulu. The accused collectively face over 70 counts, including fraud, theft, corruption, attempted theft, and money laundering.

Several accused individuals were released on bail, ranging from R50,000 to R500,000. Their bail has also been extended.

OFM News/Kekeletso Mosebetsi cg