The Free State High Court on Wednesday dismissed a special plea raised by Moroadi Cholota, former personal assistant of former Free State premier Ace Magashule, in the R255m asbestos case.
This means Cholota will stand trial with 17 other accused when the trial resumes on March 2.
“This judgment follows a unanimous judgment delivered by the Constitutional Court on January 23 2026 wherein the justices had remitted the matter to the high court to adjudicate the remaining grounds of special plea, thereby upholding the appeal by the Free State director of public prosecutions advocate Navilla Somaru,” special director of public prosecutions Mthunzi Mhaga said.
He said the Constitutional Court had also pronounced and settled the contentious issue of power and authority to formally make outgoing extradition requests in SA.
Cholota had raised a special plea in response to the charges contained in an indictment before the high court, citing among other grounds, that the state had lied or misrepresented certain information to the magistrate’s court in the US during the extradition proceedings.
Judge Phillip Loubser on Wednesday dismissed the remaining grounds and found that they had no merit, while declaring that the state had proved that the court has jurisdiction to try Cholota.
“The prosecutors will now focus on ensuring that we present a formidable case, thereby sustaining the charges preferred against all 18 accused persons when the trial resumes on March 2,” Mhaga said.
TimesLIVE reported the charges Cholota was facing related to a R255m asbestos contract awarded about seven years ago by the Free State department of human settlements to the Blackhead Consulting joint venture to audit, assess and remove asbestos from homes in some of the Free State’s poorest areas.
National Director of Public Prosecutions Andy Mothibi commended the prosecution team for meticulously presenting persuasive arguments during the trial within a trial and before the Constitutional Court.
“Our prosecutorial arsenal continues to display their legal prowess that received affirmation at the apex court, resulting in the fight against serious corruption being enhanced and the rule of law upheld. We cannot allow impunity to reign supreme when we have the constitutional obligation to hold those accused of criminality accountable,” Mothibi said.
TimesLIVE
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