The asbestos corruption trial of former Free State Premier Ace Magashule and his co-accused resumed on Wednesday at the Free State High Court in Bloemfontein.
The state was set to call on the first witness to take the stand, but the trial has stalled again due to Magashule’s former personal assistant Moroadi Cholota.
Cholota has demanded a special plea before the trial can continue. Her advocate, Loyiso Makapela, said the plea was in terms of Section 106(1)(f) of the Criminal Procedure Act.
State prosecutor Advocate Johan de Nysschen said the issue had already been canvassed to a great extent.
Set to cause another delay
“I do not understand the law to say this matter has to be addressed at this early stage. We are ready, but this is going to delay this matter for a long time. We are going to have to address the papers filed in different courts,” said Nysschen.
Last week, Justice Phillip Loubser postponed the proceedings to allow time to address yet another request for a delay. But this time by a lawyer representing one of the accused.
Loubser insisted that the matter should proceed despite requests by lawyers for the second accused, Free State housing director Mahlomola Matlakala, who had only been appointed the week prior.
Judge Loubser only gave Advocate Thabani Mhlanga six days to familiarise himself with the case after he was appointed earlier in April.
Magashule and his 17 co-accused have all pleaded not guilty to the charges. These include fraud, corruption, and money laundering. Of the 18 defendants in the asbestos roof removal trial, four have entered not guilty pleas.
Controversial R255m asbestos tender
The case relates to a controversial R255-million tender awarded in 2014. The said tender was for the auditing and removal of asbestos roofs in the Free State. Millions allegedly went to political figures and officials in exchange for the deal. The aim of the project was remove asbestos, which causes cancer, from 300 000 homes in the Free State.
Businessman Edwin Sodi’s legal team, headed by advocate Lawrence Hodes, threw a curveball last week. It contested the state’s use of evidence from Sodi’s testimony in another matter. The said testimony was before the Zondo Commission of Inquiry into Allegations of State Capture.
In an attempt to test its admissibility, Hodes demanded a “trial within a trial”. And this could delay the proceedings that are set to continue until June 23.
Magashule confident of acquittal
According to the prosecution, if found guilty, the accused persons face up to 15 years in jail. However, Magashule predicts that in the end, the National Prosecuting Authority will be embarrassed.
Magashule, a defendant on 13 counts, told reporters that the NPA would feel ashamed.
The trial proceedings were postponed to Thursday. This was to allow the state to make submissions on Cholota’s special plea and when it should be dealt with.
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