Ace Magashule’s former PA extradited and returned from US in asbestos saga

On Thursday 8 August 2024, SAPS confirmed that Former ANC Secretary General Ace Magashule’s former personal assistant Moraadi Cholota was accompanied by Interpol and South African police officers when she was extradited to South Africa.

Police also confirmed that a photo circulating online showing Cholota and two SAPS members boarding a plane in the US was legitimate.

Her expected arrival at Oliver Tambo International Airport was Thursday, August 8 at 5:00pm. She is likely to be arrested and formally charged.

There is a good chance that Cholota will appear in court on Monday, but there is no guarantee that she will do so. The Public Prosecution Service has also given no indication as to when she will actually appear.

On Thursday, national police spokesperson Brigadier Athlenta Mathe said: “Cholota is en route to South Africa. SAPS officials are escorting her on the flight. Once Cholota lands at OR Tambo International Airport, she will be handed over to the Hawks.”

Facing five charges

Cholota is one of those accused, along with former Free State ace Magashule, in the R255 million asbestos scandal, which included fraud, corruption, theft and extortion. She faces five charges, including fraud and corruption, stemming from the scandal.

The other co-defendants are businessman Edwin Sodi, former Director-General of the National Department of Housing Thabane Zulu, as well as Nthimotse Mokhesi, Mahlomola Matlakala, Sello Radebe, Adel Kgotso Manyeki, Nozipho Molikoe, Albertus Venter, Margaret-Ann Diedericks and former MEC and Mangaung Mayor Olly Mlamleli.

Other companies that qualified include Blackhead Consulting, 602 Consulting Solutions, Mastertrade 232 and Ori Group.

In 2019, Cholota revealed the secrets of the asbestos contract before the Zondo Commission into State Capture.

A clearer picture of the asbestos saga emerged when Scorpio’s Pieter-Louis Myburgh reported that an arrest warrant had been issued for Magashule in connection with the asbestos removal contract in the Free State.

The Importance of Cholota

Cholotas testimony before the State Capture Commission In late 2019, she revealed a lot about the intermediary role she played in soliciting financial favors from people like the murdered Igo Mpambani, on behalf of her boss.

She was summoned to appear before the committee after she was highlighted by former MEC for Economic Development in the Free State, Mxolisi Dukwanaas one of the employees who was aware of Magashule’s alleged shady dealings with Mpambani.

The Bloemfontein High Court heard in November 2021 that an arrest warrant had been signed for Cholota, who was studying in the US, after she initially agreed and then refused to be a state witness in the corruption case in which Magashule is one of the accused.

Johan de Nysschen, the state attorney at the time, informed the court that Cholota was a state witness. Magashule, on the other hand, wanted her to testify for the defense.

“She is not cooperating… We are going to charge her because there is evidence that incriminates her,” the NPA said at the time.

Read more: Former Ace Magashule aide Moraadi Cholota’s choice: return voluntarily or be extradited by the US

Cholota’s extradition delayed the start of the asbestos trial. The case was postponed in April 2024 after it was revealed that Cholota was being held in the US.

Arrested in the US

Cholota was arrested in the US on April 12, 2024, and brought to trial. A US court heard that South African authorities had charged her with four counts of fraud and five counts of corruption, in violation of the Prevention and Combating of Corrupt Activities Act.

After the delay, the asbestos case was retried in June 2024. At that time, the court ruled that the trial would take place from April to June 2025, even though Cholota had not yet been extradited by that date.

Read more: Magashule and Co will get their day in court – next year

The extradition of Cholota was approved on June 7 by Maryland District Court Judge Erin Aslan.

In this judgment Aslan noted the following: Cholota is alleged to have knowingly participated in this scheme by abusing her government position to facilitate corrupt financial transactions.

“South Africa’s extradition request is accompanied by indictments, affidavits and statements, a forensic examination, emails and many other documents, all of which amply support a finding of probable cause to believe that Cholota is the person named in the pending South African indictment, and that she committed the offences charged.”

Cholota fought hard to stop the extradition, and her lawyer Piet Tibane said his client has requested immediate and urgent access to the Constitutional Court to challenge the request for her extradition from the US.

He stated that his client wanted the Supreme Court to rule that the extradition request was invalid and unconstitutional and that the arrest warrant should be quashed.

When Daily Maverick contacted Tibane for comment on Thursday, he said: “I have confirmed with the Public Prosecution Service that Cholota is indeed on his way to South Africa.

“She will be processed and must appear in court within 48 hours, which means her first appearance in Bloemfontein court will be on Monday.” DM