Moroadi Cholota’s Special Plea to Be Decided Separately in R255 Million Asbestos Case

The Free State High Court has ruled in favor of a trial-within-a-trial for Moroadi Cholota, the former personal assistant to ex-Free State Premier Ace Magashule. Cholota is among the 18 accused individuals in the ongoing investigation into the R255 million asbestos corruption case.

Cholota is challenging the court’s jurisdiction and the validity of her extradition from the United States. She argues that she should not be held criminally liable for the charges against her. The state, however, opposed her request, with prosecutor Johan de Nysschen claiming that Cholota had been uncooperative and was merely “playing games.”

Judge Phillip Loubser ruled that Cholota’s special plea, under Section 106(1)(f) of the Criminal Procedure Act, must be heard separately before the main trial proceeds. The judge emphasized that, according to legal norms, such pleas should be addressed independently. The state failed to provide sufficient legal authority to contradict this approach.

“The special plea of no jurisdiction raised by accused 17 (Cholota) in terms of Section 106.1(f) of the Criminal Procedure Act, is to be decided first and separately before commencement of the main trial proceedings,” Judge Loubser stated.

Cholota’s legal team criticized the state’s opposition, arguing that any issues regarding her US extradition should be resolved in the trial-within-a-trial. This high-profile case involves figures like businessman Edwin Sodi and concerns a 2014 asbestos audit contract worth R255 million, with charges including fraud, corruption, money laundering, and violations of the Public Finance Management Act (PFMA).

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Sourced:African Insider

Picture: Sunday World