The Free State High Court is scheduled to decide whether to allow Ace Magashule’s attorneys to cross-examine the first state witness in the R255-million corruption case.
The trial, which began on April 15, centres around a 2014 tender to remove asbestos roofing from low-cost housing.
Magashule and 17 co-accused, including his former personal assistant Moroadi Cholota, are facing charges of fraud, corruption, and money laundering.
Monday marks the beginning of the second week of a trial within a trial that will decide whether the court has the authority to try Cholota along with her former boss and over a dozen other defendants.
Controversial businessman Edwin Sodi and Free State government employees stand accused in the main trial for the dodgy tender awarded by the provincial human settlements department.
The contract called for 300 000 township homes to have their asbestos roofs replaced, but that never happened.
Petition to cross-examine state witness
The trial within a trial may drag on a little longer than expected after some of the defence lawyers petitioned the court to cross-examine the first state witness.
The first week of Hawks investigator Benjamin Calitz’s testimony focused on the investigation’s early phases, when Cholota was still regarded as a state witness.
In 2021, Calitz was part of a small team of South African officials who conducted interviews with Cholota in the US in an attempt to gather evidence against Magashule.
After failing to use Cholota to nail Magashule, she was later added to the list of accused people facing charges of corruption and fraud.
Advocate Laurance Hodes SC has told the court his request to cross-examine Calitz is based on a transcript that detailed the 2021 interview about his client.
Calitz is anticipated to return to the stand after becoming ill last week.
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Court hears how Ace Magashule’s ex-PA Moroadi Choloto evaded questions