The National Prosecuting Authority (NPA) has dismissed the relevance of former Free State premier Ace Magashule’s legal team’s bid to cross-examine lead investigator Captain Benjamin Calitz, calling it unnecessary unless evidence directly ties him to Moroadi Cholota’s statements.
NPA spokesperson Mthunzi Mhaga explained: “In as much as [advocate Craig] Hodes is trying to safeguard the interests of his client, we do not think it is relevant to the issue he wants to raise with the witness.
“The trial-within-a-trial relates to the extradition aspects of the trial, which the Cholota team is challenging against our investigation team.”
Mhaga emphasised that cross-examining Calitz was unwarranted without evidence implicating Magashule based on Cholota’s 2021 US interviews.
The ongoing trial of Magashule and 17 co-accused, including Cholota, his former personal assistant, focuses on a 2014 asbestos roofing tender, with charges of fraud, corruption, and money laundering.
Controversial businessman Edwin Sodi is also one of the accused in the case.
R255m tender for removal of asbestos
The charges relate to a purportedly improper contract award of R255-million for the removal of asbestos from 300 000 homes’ roofs.
A joint venture between Blackhead Consulting and Diamond Hill Trading was given the contract; however, despite the money being paid, the work was allegedly never completed.
Despite the NPA’s stance, Magashule’s legal team, accusing the state of prosecutorial interference, was granted permission to question Calitz.
The judgment was meant to be handed down on Monday by Judge Phillip Loubser; however, Calitz was still not feeling well since last week.
Cholota, initially a potential state witness, was charged after allegedly refusing to implicate Magashule, the former secretary general of the ANC.
Calitz described her as “aggressive and uncooperative” in 2021 interviews, a claim Cholota’s lawyer, advocate Loyiso Makapela, refuted as a “false narrative”, alleging investigators tried to coerce her into incriminating herself and Magashule.
After a slight delay, the trial-within-a-trial has resumed, with tensions high over the extradition challenge and investigative tactics.
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