“I want to state from the beginning that I am not guilty of any charges against me. I truly believe that the state cannot present any objective facts or evidence that will prove that I am involved in corruption or money laundering,” Moraadi Cholota, the former personal assistant to former Free State premier Ace Magashule, made the statement on the first day of her bail application hearing at the Bloemfontein Magistrate’s Court.
This is part of Cholota’s affidavit, which was read into the file on Monday, August 12, in support of her request for bail.
Magashule is also the former secretary-general of the ANC. He founded a rival party, the African Congress for Transformation (ACT) contested the most recent provincial elections, with its party winning one seat in the Free State legislature.
Public prosecutor Johannes de Nysschen told the court that the statement was handed to them at 9am on Monday and that the state could therefore not plead the case.
However, De Nyssschen stated that the Public Prosecution Service opposed the request and would submit an extensive sworn statement from the investigating officer setting out the State’s reasons.
Cholota’s case was scheduled for Monday after she was arrested on Thursday, 8 August, upon arrival at Oliver Tambo International Airport. On Thursday, 8 August 2024, the SAPS confirmed that Cholota was escorted by Interpol and South African police officers when she was extradited to South Africa.
Read more in Daily Maverick: “Former PA to Ace Magashule extradited and returned from US in asbestos saga”
Cholota has been in custody since she was arrested in the US on April 12, 2024, and brought before a judge. 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.
Cholota is a co-defendant alongside Magashule and others in a R225 million case asbestos scandal including allegations of fraud, corruption, theft and extortion.
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.
Cholotas testimony before the State Capture Commission The end of 2019 is key to this trial, which revealed much about the mediating role she played in soliciting financial favors from people like the murdered Igo Mpambani, on behalf of her boss.
Short speech by the NPA
De Nyssen informed the court that Cholota would be accused number 17 in the indictment. For the bail application, he also submitted a report from the United States Department of State, signed by the United States Deputy Secretary of State, stating the charges for which the accused had been extradited.
“Without implying that the US courts and the Minister of Foreign Affairs have granted her extradition on charges of fraud, corruption and money laundering, for which she is being prosecuted by former Prime Minister Magashule. The state is aware that Cholota will be making an application, but we want to make it clear that we oppose bail,” he said.
“I am not guilty”
Cholota’s statement was read by her legal representative, attorney Loyiso Makapela of Group One Advocates. Cholota said she would attend all relevant court hearings in the case, would not flee the country, would not pose a flight risk and would not commit any crimes or intimidate witnesses in the case.
“While I realize the seriousness of the charges brought against me, I want to state from the outset that I am not guilty of any charges. I truly believe that the state cannot present any objective facts or evidence that will prove that I am involved in corruption or money laundering,” she claimed.
Describing her personal circumstances, Cholota stated that she was 37 years old and was born in Parys, Free State, and had lived in South Africa all her life. Her parents and relatives all lived in and around Bloemfontein and Parys, and before her studies in the US she lived on her estate at 10233 Grasland Bloemspruit Street, Bloemfontein.
She plans to live with my parents in Uitsig, Bloemfontein after her release.
“I no longer have a passport or any form of travel documentation. I was transported to South Africa on emergency travel documents. My passport was abandoned in Baltimore, Maryland, and has not been in my possession since my arrest and detention in April 2024.”
On the merits of the case, Cholota stated that she had been informed that she was accused of fraud, corruption and money laundering.
“I deny the aforementioned allegations in the strongest terms. I wish to state at the outset that I am confident that I will not be found guilty of the charges brought against me.
“The law requires the state to prove the case against me beyond a reasonable doubt. I am sure it will not do so, because it has no evidence linking me to fraud, corruption or money laundering. I will plead not guilty in the contemplated trial,” she asserted.
She then argued that the case against her was inherent imperfect For the following reasons:
- It is understood that I was a State witness in this case, following my oral evidence at the State Capture/Zondo Commission on 19 December 2019.
- I was not charged with corruption, fraud and money laundering alongside my co-defendant because there was no evidence linking me to the crime my co-defendant was accused of.
- The investigators have informed me via email that I will be questioned on the same matters discussed by the State Capture Commission when they told me on November 16, 2020 that I was a state witness.
- Around September 21/22, 2021, I was interviewed by the investigators in Baltimore, Maryland, and in Washington DC about the asbestos project.
- The investigators threatened to charge me on the same grounds as my co-defendants if I did not cooperate with them.
- There was no evidence that I never cooperated with the investigators.
- They felt that I had not given them the information they were looking for and decided to charge me with fraud, corruption and money laundering.
She further pointed out: “The charges against me do not arise from any factual and objective evidence. But from the position that (sic) wanted to punish me for not cooperating with the investigators.
“I have never been involved in any wrongdoing in relation to the asbestos project, in any of the investigations conducted by the various state agencies including the State Capture Commission, the Public Protector, the Auditor-General and the Special Investigating Unit (SIU).”
In order to convince the court that it would be in the interests of justice to release her on bail, she provided the following additional information:
- I was arrested in the United States on April 12, 2024 at the request of the South African government and have been in custody since that date to the present.
- I was initially held in Baltimore, Maryland, and on August 1, 2024, I was transferred to a prison in New Jersey, USA.
- On August 8th I was arrested by Brooklyn police in Pretoria and then transferred to Bainsvlei Prison in Bloemfontein where I was held over the weekend until Monday August 12th.
“This means that I have been in prison and in custody for almost four months. None of my co-defendants have been in prison for more than a day. Their freedom and liberties are respected by the state and they were quickly released on bail,” she said.
Cholota asked the court to set bail at R2,500. She added that if the court were to set bail at a higher amount, she would not be able to raise the money, but that she would abide by the conditions imposed by the court.
The State will present its plea on Tuesday, August 13. DM
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