Ace Magashule’s former PA Moraadi Cholota was a flight risk and her application for bail should therefore be rejected, the state argued in the Bloemfontein District Court on Tuesday.
This was part of the 200-page statement by Hawks investigator Benjamin Calitz handed to the court by prosecutor Johannes de Nysschen. The statement outlined the reasons against granting Cholota bail.
Due to time constraints, Magistrate Estelle de Lange asked De Nysschen to briefly discuss the oath and highlight its most important aspects.
After the presentation of the state’s case, Cholota’s legal representative, attorney Loyiso Makapela, requested 35 minutes to orally argue the reasons why the defense objected to the state’s arguments.
Her request was denied by De Lange, who stated that the defense had to file a statement of defense. The bail hearing was postponed until Thursday, August 15, so that the defense can prepare its written response.
The state’s response follows Cholota’s affidavit, read into the record on Monday, in which she claims her innocence, states she is not guilty of the charges against her and believes the state will not be able to present objective facts or evidence to prove she is guilty of corruption or money laundering.
Read more in Daily Maverick: ‘I am innocent of all charges,’ says Ace Magashule’s former PA on her first day in Bloem court
Cholota’s bail application began on Monday after she was arrested on Thursday, 8 August when she arrived at Oliver Tambo International Airport. On Thursday, 8 August 2024, the South African Police Service 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, involving Cholota’s former boss Ace Magashule, was retried in June 2024. At that time, the court ruled that the trial would take place from April to June 2025, even if Cholota had not 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 Judge Erin Aslan of the U.S. District Court of Maryland.
Cholota is one of the suspects, along with Magashule and others, in a R225 million asbestos scandal that includes fraud, corruption, theft and extortion.
According to the affidavit by Hawks agent Calitz, Cholota is accused of four counts of fraud, resulting in a loss to the state of more than R36.5 million, and five counts of corruption, ranging from R30,000 to R470,000.
In the asbestos case, the State alleged that Cholota acted with a common purpose by participating in a conspiracy to commit the crimes mentioned above with some of her co-defendants.
In response to Cholota’s submission that granting her bail was in the interests of justice, the Public Prosecution Service argued: “Ms Cholota has failed to present to the court numerous material facts which militate against the granting of bail and which serve to establish a pattern of past conduct consistent with someone likely to avoid trial.
“She misled the court in her oath by presenting her personal facts and there is a high probability that she will flee.”
Furthermore, Calitz stated in her affidavit that the factors presented by Cholota demonstrate that she does not intend to stand trial in South Africa.
“On 22/23 September 2021, I also had access to Cholota’s computer and email accounts. I had questions based on those documents and what was investigated at the State Capture Commission of Inquiry.
Cholota ‘was surprised’
“The questions put to Cholota were answered solemnly, fully and completely. All of her answers were measured and it was clear that she was overwhelmed by the interview. Cholota was not cooperative and expressed intense frustration in the questions, especially when pressed for more information,” his sworn statement said.
Calitz’s affidavit further states that Cholota’s emails and documents contain much of the evidence the state has against her, and that his investigation yielded sufficient evidence to support the charges.
The state argues that Cholota’s request for R2,500 bail is far too low and inconsistent with the nature and extent of the charges against her. The other accused were each granted bail of between R50,000 and R100,000.
Extradition procedures
Cholota’s legal representative, attorney Makapela, reminded the court that the entire state’s opposition to bail is based on extradition proceedings that have already taken place and been completed in the US.
“The state has tried to paint a picture of this accused going above and beyond to avoid trial, to avoid arrest. While we did not expect the state to go to this length to paint her in this way, we have to first respond to the extradition, then the Constitutional Court issue and bring it back to the reason why we are here. We are here for a bail application.”
Makapela claims that the state’s affidavit is a rehash of the documents submitted in its extradition request, as well as Cholota’s request for access to the Constitutional Court. Makapela claimed that the state’s arguments contain nothing new.
Makapela asked for 35 minutes to respond orally to the state’s case. She said she would provide written explanations.
However, De Lange said: “Unfortunately, I will not allow that. I ask you to respond in writing, so that I do not miss anything. It is crucial that I have everything with me, because this will be a lengthy process, so let’s stick to the paperwork.
The other co-defendants, along with Magashule and Cholota, are businessman Edwin Sodi, former director-general of the national housing ministry 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.
The bail hearing will resume on Thursday, August 15. DM
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