'I’m innocent of all charges,' says Ace Magashule’s ex-PA on her first day in Bloem court

12 Aug 2024

Moroadi Cholota, the former personal assistant of corruption accused Ace Magashule, was in court for her first appearance on Monday morning after being extradited from the US, where she spent four months behind bars.

"I wish to state from the outset that I’m not guilty of any charges against me. I verily believe that the State will not be able to present any objective facts or provide any evidence that will prove that I engage in corruption or money laundering,” Moroadi Cholota, the former personal assistant of former Free State premier Ace Magashule, stated on the first day of her bail application hearing in the Bloemfontein Magistrate’s Court.

This is part of Cholota’s affidavit, which was read into the record on Monday, 12 August, to support her application for bail.

Magashule is also the former ANC secretary-general. He set up a rival party, the African Congress for Transformation (ACT), to contest the most recent provincial elections, where his party got one seat in the Free State legislature.

State prosecutor Johannes de Nysschen told the court that the affidavit was handed to them at 9am on Monday, hence the State was unable to argue the case.

However, De Nyssschen stated that the National Prosecuting Authority was opposing the application and would submit a comprehensive affidavit from the investigating officer outlining the State’s reasons.

Cholota’s case was set for Monday after she was arrested on Thursday, 8 August, when she arrived at Oliver Tambo International Airport. On Thursday, 8 August 2024, the SAPS confirmed 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 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.

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

The other co-accused are businessman Edwin Sodi, former director-general of the 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.

Cholota’s testimony before the State Capture Commission in late 2019 is key to this trial, which revealed much about the intermediary role she played in requesting financial favours from people like the slain Igo Mpambani, on behalf of her boss.

NPA’s brief address

De Nyssen informed the court that Cholota would be accused number 17 in the indictment. For the bail application, he also submitted a report from the Department of State of the United States, signed by the Deputy Secretary of State of the United States, indicating which charges the accused was extradited for.

“Without prompting the implication, US courts and the Secretary of State granted her extradition on charges of fraud, corruption, and money laundering in which she is charged with former premier Magashule. The State is aware that Cholota will file an application, but we want to make it clear that we oppose the bail,” he said.

“I’m not guilty”

Cholota’s deposed affidavit was read into the record by her legal representative, Advocate Loyiso Makapela of Group One Advocates. Cholota said she would attend all relevant court hearings in this matter, would not flee the country, pose a flight risk nor would she commit any crimes or intimidate the witnesses in the matter.

“While I appreciate the seriousness of charges levelled against me I wish to state from the outset that I’m not guilty of any charges against me. I verily believe that the State will not be able to present any objective facts or provide any evidence that will prove that I engage in corruption or money laundering,” she claimed.

Cholota, describing her personal circumstances, stated that she was 37 years old and born in Parys, Free State, and had lived in South Africa her entire life. Her parents and family members all lived in and around Bloemfontein and Parys, and prior to her studies in the US she lived at her property at 10233 Grasland Bloemspruit Street, Bloemfontein.

She intends to live with her with my parents upon her release, in Uitsig, Bloemfontein.

“I no longer possess a passport and any form of travel documents. I was transported to South Africa on emergency travel documents. My passport was left behind in Baltimore, Maryland, and has not been in my possession since my arrest and detention in April 2024.”

On the merits of the case, Cholota submitted that she was informed that she was accused of committing fraud, corruption, and money laundering.

“I deny the aforesaid allegations in the strongest terms. From the outset I wish to state I’m confident that I will not be found guilty on the charges levelled against me.

“The law requires that the State proves the case against me without reasonable doubt. I’m certain that it would fail to do so as it has no evidence that links me to any fraud, corruption or money laundering. I will plead not guilty in the envisaged trial,” she claimed.

She went on to argue that the case against her was inherently flawed for the following reasons:

It is well known that I was a State witness in this matter following my oral testimony at the State Capture/Zondo Commission on 19 December 2019.

I was not charged with corruption, fraud and money laundering with my co-accused as there was no evidence linking me at all to the crime my co-accused was charged with.

I was informed by the investigators that I will be questioned about same matters canvassed in the State Capture Commission when they told me I was a State witness on 16 November 2020 via email.

On or about 21/22 September 2o21 I was interviewed by the investigators in Baltimore, Maryland, and in Washington DC in respect of the asbestos project.

The investigators threatened to charge me with the same charges as my co-accused if I did not cooperate with them.

There was no evidence to show that I never cooperated with the investigators.

They felt that I had not provided them with the information that they were looking for and decided to charge me with fraud, corruption and money laundering.

She further pointed out: “The charges against me do not arise out of any factual and objective evidence. But from stance from (sic) wanting to punish me for not cooperating with the investigators.

“I was never implicated in any wrongdoing related to the asbestos project in all the investigations undertaken by the various state agencies, including the State Capture Commission, the Public Protector, the Auditor-General and Special Investigating Unit (SIU).”

In order to persuade the court that it would be in the interest of justice to release her on bail she provided the following additional information:

I was arrested in United States on 12 April 2024 at the request of the South African government and remained in detention from that date until the present date.

I was first detained in Baltimore, Maryland, and then upon 1 August 2024 I was moved to a prison in New Jersey, USA.

On 8 August I was detained at Brooklyn police, Pretoria, thereafter I was transported to Bainsvlei Prison, in Bloemfontein, and detained over the weekend until Monday, 12 August.

“This means that I’ve been in prison and detained since in jail for almost four months. There is not a single one of my co-accused that has spent longer than even a day in prison. They have all their freedom and liberty respected by the State and have been released promptly on bail,” she said.

Cholota requested that the court set bail at R2,500, adding that if the court sets bail at a higher amount, she would not be able to raise the funds but would comply with any court-imposed conditions.

The State will present arguments on Tuesday, 13 August. DM

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NPA’s brief address

“I’m not guilty”