From state witness to accused: arrest warrant issued for Magashule’s former PA

Moroadi Cholota, suspended ANC secretary-general Ace Magashule’s former personal assistant, is no longer a state witness, but a suspect in the asbestos case.

This emerged during the pretrial hearing in the Free State high court in Bloemfontein on Wednesday, when prosecutor Johan de Nysschen told the court he had signed a warrant of arrest for Cholota.

In November last year, when Magashule applied for bail in the Bloemfontein magistrate’s court, the prosecution said Cholota would testify against him.

Questions have been raised about whether Cholota was a state witness, with Magashule’s defence team pointing out that her statement in the docket was not signed.

Laurence Hodes SC, for Magashule, said the matter needed to be resolved before the plea.

However, De Nysschen told the court Cholota was not cooperating with the state.

He said the state had sent detectives to the US, where she resides. They returned to inform the prosecution that Cholota was uncooperative and did not agree to be a state witness.

“Under the circumstances, I had no choice but to sign a warrant of arrest for her. We are in the process of getting her back to SA.

“She is a suspect and soon to be an accused in the matter. If we cannot get her timeously, the state will have no choice but to proceed without her,” De Nysschen said.

Under the circumstances, I had no choice but to sign a warrant of arrest for her. We are in the process of getting her back to South Africa.

Hodes said Wednesday was the first time he and his legal team had heard about this turn of events..

Free State judge president Cagney Musi asked Hodes whether he would pursue the issue now that it was known Cholota was an accused in the matter.

Hodes said during Magashule’s bail application last year, the state had told the court Cholota was a state witness and remained in communication with her.

“That could not have been the truth,” Hodes said.

He added that the charges against Magashule were premised on Cholota’s evidence at the state capture inquiry.

Hodes said two of the accused had raised an objection to the trial, having been forced to testify before the inquiry, and were being prosecuted based on the evidence they provided.

He argued that these accused should not be tried based on their testimony at the inquiry.

“These issues need to be resolved before the plea stage,” Hodes said.

The court postponed the case to February 21, when these matters, raised by five of the 16 accused, will be heard.

The case relates to the R255m Free State asbestos roofing removal tender while Magashule was premier of the province.

While R21m went to a company that did an audit of houses with asbestos roofs in the province, the rest allegedly went to business people, politicians and government officials.

Apart from Magashule, businessman Edwin Sodi, former Mangaung mayor Olly Mlamleli and former Free State human settlements head of department Nthimotse Mokhesi were arrested in connection with the matter.