Moroadi Cholota, Ace Magashule‘s former personal assistant, fighting her extradition from the US. (Photo: Screenshot) 
On Thursday, 8 August 2024, SAPS confirmed that former ANC secretary-general Ace Magashule’s former personal assistant Moroadi Cholota was escorted by Interpol and South African police officers while she was being extradited to South Africa.
Police also confirmed that a photo circulating online that showed Cholota and two SAPS members boarding a plane in the US was legitimate.
Her expected arrival at Oliver Tambo International Airport was Thursday, 8 August, at 5pm. She is likely to be arrested and formally charged.
There is a strong possibility that Cholota will appear in court on Monday, although there is no guarantee, with the National Prosecuting Authority giving no indication of when she will actually appear.
On Thursday, national police spokesperson Brigadier Athlenta Mathe said: “Cholota is on her way to South Africa. SAPS officials are escorting her on the flight. Once Cholota jets down at the OR Tambo International Airport she will be handed over to the Hawks.”
Faces five charges
Cholota is one of the accused, alongside former Free State Ace Magashule in the R255-million asbestos scandal, which included charges of fraud, corruption, theft and racketeering. She faces five charges, which include fraud and corruption stemming from the scandal.
The other co-accused are businessman Edwin Sodi, former director-general of national Department of Housing Thabane Zulu, as well as Nthimotse Mokhesi, Mahlomola Matlakala, Sello Radebe, Adel Kgotso Manyeki, Nozipho Molikoe, Albertus Venter, Margaret-Ann Diedericks and former MEC and Mangaung mayor Olly Mlamleli.
In addition, companies charged include Blackhead Consulting, 602 Consulting Solutions, Mastertrade 232 and Ori Group.
In 2019, Cholota spilled the beans about the asbestos contract, before the Zondo Commission into State Capture.
A clearer picture of the asbestos saga emerged when Scorpio’s Pieter-Louis Myburgh reported that a warrant of arrest had been issued for Magashule in connection with the asbestos removal contract in the Free State.
Moroadi Cholota, Ace Magashule‘s former personal assistant, fighting her extradition from the US. (Photo: Screenshot)
Cholota’s importance
Cholota’s testimony before the State Capture Commission in late 2019 revealed much about the intermediary role she played in requesting financial favours from people like the slain Igo Mpambani, on behalf of her boss.
She was summoned to appear before the commission after being singled out by the former MEC for Economic Development in the Free State, Mxolisi Dukwana, as one of the staffers who was privy to Magashule’s allegedly shady dealings with Mpambani.
The Bloemfontein High Court learned in November 2021 that a warrant for Cholota, who was studying in the US, had been signed. This came after she initially agreed and then refused to be a state witness in the corruption case in which Magashule is one of the accused.
Johan de Nysschen, the state advocate at the time, informed the court that Cholota was a state witness. Magashule, on the other hand, wanted her to testify for the defence.
“She is not cooperating… We’re going to charge her because there’s evidence implicating her,” the NPA said at the time.
Read more: Ace Magashule’s former assistant Moroadi Cholota’s choice: Come back voluntarily or be extradited from US
Cholota’s extradition slowed the start of the asbestos trial. The case was postponed in April 2024 after it was revealed that Cholota was being held in the US.
Arrested in the US
Cholota was 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 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 was not 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 this judgment, Aslan pointed out: “Cholota is alleged to have knowingly engaged in this scheme by using her government position to facilitate corrupt financial transactions.
“South Africa’s extradition request is accompanied by indictments, sworn statements and affidavits, a forensic audit, emails, and many other documents, all of which amply support a finding of probable cause to believe both that Cholota is the individual named in the pending South African indictment, and that she committed the charged offences.”
Cholota fought hard to stop the extradition, and her lawyer Piet Tibane said his client has requested direct and urgent access to the Constitutional Court to challenge the request to extradite her from the US.
He stated that his client wanted the Supreme Court to rule that the extradition request was invalid and unconstitutional, and that the arrest warrant should be cancelled.
On Thursday, when Daily Maverick contacted Tibane for comment, he said: “I have confirmed with the prosecution that Cholota is indeed on her way to South Africa.
“She will be processed and must appear in court within 48 hours, meaning she makes her first appearance in the Bloemfontein Magistrates Court on Monday.” DM