Ace Magashule’s ex-PA Moroadi Cholota is a flight risk who should remain behind bars, argues state

Ace Magashule’s former PA Moroadi Cholota was a flight risk and thus her request for bail should be denied, the State argued in the Bloemfontein Magistrate’s Court on Tuesday.

This formed part of the 200-page affidavit from Hawks investigating officer Benjamin Calitz that was handed in to court by State prosecutor Johannes de Nysschen. The affidavit outlined the reasons against granting Cholota bail. 

Because of time constraints, Magistrate Estelle de Lange requested that De Nysschen briefly address the affidavit and highlight the most important aspects. 

Following the presentation of the State’s case, Cholota’s legal representative, Advocate Loyiso Makapela, requested 35 minutes to present oral arguments as to why the defence objected to the State’s arguments.

Her request was denied by De Lange, who stated that the defence must submit a replying affidavit. The bail hearing was postponed until Thursday, 15 August, to allow the defence to prepare its written response.

The State’s response follows Cholota’s affidavit, which was read into the record on Monday, in which she maintains her innocence, claims she is not guilty of any charges against her, and believes that the State will be unable to present any objective facts or evidence to prove that she engaged in corruption or money laundering.

Read more in Daily Maverick: ‘I’m innocent of all charges,’ says Ace Magashule’s ex-PA on her first day in Bloem court

Cholota’s bail application started on Monday after she was arrested on Thursday, 8 August, when she arrived at Oliver Tambo International Airport. On Thursday, 8 August 2024, the South African Police Service confirmed that Cholota was escorted by Interpol and South African police officers while she was being extradited to South Africa.

Read more in Daily Maverick: “Ace Magashule’s former PA extradited and inbound from the US in asbestos saga”

Cholota has been in detention since being arrested in the US on 12 April 2024 and brought to court. A US court heard that South African authorities had charged her with four counts of fraud and five counts of corruption, in violation of the Prevention and Combating of Corrupt Activities Act.

Following the delay, the asbestos case that includes Cholota’s former boss Ace Magashule was heard again in June 2024. At this point, the court ruled that the trial date would be April to June 2025, even if Cholota had not been extradited by that date.

Read more: Magashule and Co will have their day in court – next year

Cholota’s extradition was approved on 7 June by Judge Erin Aslan of the Maryland District Court in the US.

Cholota is a co-accused alongside Magashule and others in a R225-million asbestos scandal that included charges of fraud, corruption, theft and racketeering.

According to Hawks officer Calitz’s affidavit, Cholota is accused of four counts of fraud resulting in a loss to the state of more than R36.5-million, as well as five counts of corruption - ranging between amounts from R30,000 and up to  R470,000.

In the asbestos case, the State claimed that Cholota acted in common purpose by participating in a conspiracy to commit the aforementioned crimes with some of her co-accused.

In response to Cholota’s affidavit, which stated that granting her bail was in the interests of justice, the prosecution argued: “Miss Cholota has omitted to bring to the court numerous material facts, which militate against the granting of bail and serve to establish a past pattern of conduct, which is consistent with someone likely to evade trial.

“She has misled the court in her affidavit in presenting her personal facts and has the likelihood of being a flight risk.”

Furthermore, Calitz’s affidavit stated that the factors presented by Cholota demonstrate that she has no intention of standing trial in South Africa.

“On 22/23 September 2021 I also had access to Cholota’s computer and email accounts. I had questions based on those documents as well as what has been canvassed at the State Capture Commission of Inquiry.

Cholota 'was taken off guard'

Extradition proceedings