In the R255-million asbestos corruption trial unfolding in the Bloemfontein High Court, former Free State premier Ace Magashule’s legal team has accused the state of prosecutorial interference and is pushing to cross-examine the lead investigator, Captain Benjamin Calitz.
The trial, which began on April 15, centres around a 2014 tender to remove asbestos roofing from low-cost housing, with Magashule and 17 co-accused, including his former personal assistant Moroadi Cholota, facing charges of fraud, corruption, and money laundering.
Cholota is contesting the validity of her 2024 extradition from the US in a trial-within-a-trial that began on Monday.
Cholota described as uncooperative
Cholota was charged as an accused after allegedly declining to implicate Magashule in a 2021 US interview, despite initially being a possible state witness.
Calitz, the state’s first witness, testified that Cholota was “aggressive and uncooperative” during interviews on September 22 and 23, 2021, claiming she dodged questions about emails linked to the tender.
Cholota’s lawyer, advocate Loyiso Makapela, challenged Calitz’s claims, using a transcript of the 2021 interview admitted into evidence.
Makapela maintained that in an attempt to coerce Cholota against Magashule, investigators attempted to “trick” her into incriminating herself.
“The line of questioning was designed to force my client into a corner,” said Makapela.
She dismissed Calitz’s description of Cholota’s demeanour as a “false narrative” created after her refusal to comply.
Prosecutorial misconduct
Magashule’s counsel, advocate Laurance Hodes SC, applied to cross-examine Calitz, alleging prosecutorial misconduct.
Hodes highlighted an email sent to Cholota after her 2020 designation as a state witness, warning her not to contact Magashule or his attorneys.
“This is absolute prosecutorial misconduct and interference with a defence witness,” said Hodes.
He asserted that Cholota was initially considered a defence witness. On April 17, 2025, Hodes introduced a recording of the 2021 interview, sparking contention with state prosecutor advocate Johan de Nysschen, who questioned its authenticity and relevance.
On Thursday, Judge Phillip Loubser will make a decision regarding the possibility of Hodes and co-accused Edwin Sodi’s legal team cross-examining Calitz.
Magashule’s attorney did not have a chance to grill the investigating officer as the matter was postponed to 12 May 2025, due to Calitz falling ill.
