The ongoing corruption trial involving former ANC secretary-general Ace Magashule, businessman Edwin Sodi, and 16 co-accused, which centered on a R255-million asbestos roof removal contract in the Free State, has seen significant developments in the Free State High Court.
The accused face charges of fraud, corruption, money laundering, and violations of the Public Finance Management Act (PFMA) related to a 2014 contract awarded to Blackhead Consulting (Sodi’s company) and Diamond Hill Trading for asbestos audits and removal, of which only R21-million worth of work was allegedly completed.
All accused, including Magashule, Sodi, and former human settlements director-general Thabane Zulu, pleaded not guilty during initial court appearances on Monday.
The plea process continued this week, with Sodi denying bribery allegations and Magashule asserting the charges are politically motivated.
Legal challenges include Sodi’s bid to exclude his Zondo commission testimony, which his defense argues infringes on his fair trial rights.
Magashule’s objections to the state’s compliance with legal procedures and bail conditions involving co-accused Moroadi Cholota, whose money laundering charges were withdrawn after her 2024 extradition from the US.
Cholota has denied wrongdoing, claiming the NPA charged her with fraud and corruption because she refused to implicate Magashule during questioning.
Magashule, now leader of the African Congress for Transformation (ACT), has remained defiant, vowing to “embarrass” the National Prosecuting Authority (NPA).
His legal team, led by Laurance Hodes SC, initially considered an application to have the charges dropped due to delays by the NPA but abandoned this move on the trial’s first day.
“From the onset, I have pleaded not guilty publicly, and I am formally doing so in court today,” he told the judge.
Hodes argued that the state had not complied with section 27 of the Prevention of Organised Crime Act in its prosecution of the former Free State premier.
Later in the proceedings, Prosecutor Tammy McPherson confirmed that money laundering charges against Cholota would be dropped after the United States (US) declined to extradite her on those charges.
Cholota’s counsel, Advocate Loyiso Makapela, questioned why the indictment had not been amended to reflect the change, stating that the state needed to apply to the Bloemfontein Magistrate’s Court in line with the Criminal Procedure Act (CPA).
However, Prosecutor Advocate Johan de Nysschen disagreed, saying an application was not necessary.
“This is the first time in my career that I have heard that we have to apply to a magistrate to amend an indictment. There’s no such thing,” said Nysschen.
Judge Philip Loubser ruled that Cholota should proceed to enter her plea on the remaining charges.
“I cannot really see the sense of going into the history of what happened in the magistrate’s court,” Loubser said.
Magashule has also applied for state funding for his defence, a move that has sparked debate about the use of public resources in such cases.
Sodi is further alleged to have bribed Thabani Zulu, former director-general of the national Department of Human Settlements, with a R600,000 payment for a car to authorize the project.
Sodi’s legal team has been fighting to exclude evidence from the Zondo Commission, arguing it could prejudice his case. This battle underscores the trial’s complexity, with a docket spanning over 26,000 pages and more than 90 witnesses expected to testify.
Politically, the case has reignited tensions within the ANC and its splinter factions. Magashule has positioned the trial as a witch hunt, while critics argue it exposes the depth of state capture during his tenure as Free State premier.
The trial was postponed to next week to allow further preparation and address ongoing legal applications, including disputes over evidence admissibility and witness lists.
