Magashule, who now leads the African Congress for Transformation, and his co-accused appeared in the High Court in Bloemfontein on Monday (9/3) morning as the court deliberated on key issues ahead of the long-awaited trial. The court had been expected to deliver judgment on an application to postpone proceedings in the R255m asbestos roof removal corruption case for three months.

However, the court first sought clarity on why Legal Aid South Africa declined to represent accused number one, Nthimotse Mokhesi, the former Free State department of human settlements HOD. Mokhesi has been without legal representation since January after his lawyer withdrew from the case, citing financial constraints.

Pre-trial stage

The matter remains in the pre-trial stage and has already experienced several delays. Presiding judge Phillip Loubser granted a further postponement to allow Mokhesi time to secure legal representation.

“Accused number one wants to take certain steps to obtain legal representation, and the state has agreed that one month should be enough to take those steps. Since there is no opposition to the application for postponement, this matter is postponed to 9 April at 09:30.”  

All accused have been ordered to appear in court on that date, failing which a warrant for their arrest will be issued. Their bail has also been extended until the next court appearance.

Those facing various charges, including fraud, corruption, and money laundering linked to the controversial 2014 project to remove asbestos roofs from homes across the province, include Magashule, his former PA Moroadi Cholota, former human settlements MEC Olly Mlamleli, Mokhesi, and businessman Edwin Sodi.

Magashule has accused the NPA of “playing politics” in the matter.

Meanwhile, Cholota is challenging a recent ruling by the High Court dismissing her special plea. The ruling followed a unanimous decision by the Constitutional Court on 23 January, which referred the matter back to the High Court to adjudicate the remaining grounds of the special plea.

The ConCourt had upheld an appeal by Free State director of public prosecutions Navilla Somaru. In doing so, it also clarified the authority responsible for formally initiating outgoing extradition requests in South Africa, a key legal question in the case.

Special plea

Cholota previously raised the special plea in response to charges contained in the High Court indictment. She alleged the state had misrepresented information to a US court during extradition proceedings.

Her lawyer, Loyiso Makapela, had told the court Cholota had been treated “like a criminal” after refusing to implicate Magashule in the controversial asbestos roof removal project.

• Have a news tip to share? Phone or whatsapp the OFM News Hotline: 066 487 1427.

 OFM News/Kekeletso Mosebetsi dg