This is much to the annoyance of the 16 high-profile accused persons and businesses in the case. On Wednesday 3 November, the state made the shocking revelation that a warrant of arrest had been issued for key witness, Moroadi Cholota - the former personal assistant to the former Free State Premier, Ace Magashule. The spokesperson for the National Prosecuting Authority (NPA), Mthunzi Mhaga, attributes the postponement of Wednesday’s proceedings to the last-minute addition of Cholota to the accused list over her alleged non-cooperation. There are two other factors that have led to the delay in the pre-trial proceedings.

It was revealed that the accused, who testified in the R255 million asbestos housing audit contract before the Commission of Inquiry into State Capture, chaired by Justice Raymond Zondo, are opposed to having the transcripts of their testimonials before the Commission be used as evidence against them by the state in the criminal case. They maintain that the transcripts/testimonials were unconstitutionally obtained by the state in this case. The delay is also to allow for the accused to make representations as outlined in the Prevention of the Organised Crime Act (POCA).

Aside from Magashule, the other accused in this case include Limpopo businessman, Edwin Sodi; former Mangaung Metro Mayor, Olly Mlamleli; the former head of the Free State Department of Human Settlements, Nthimotse Mokhesi; the Director for Supply Chain Management at Human Settlements, Mahlomola John Matlakala; a businessman residing in Johannesburg, Sello Joseph Radebe; a Pretoria businessman, Abel Kgotso Manyeki; the former Director-General for the National Department of Human Settlements, Thabane Wiseman Zulu, amongst others; and Albertus Venter, who occupied a role in the Free State Premier’s office.

It’s alleged Sodi was irregularly awarded the housing audit tender via his joint venture with Diamond Hill Trading, owned by murdered Welkom businessman, Igo Mpambani, by the Free State Human Settlements Department in 2014. Not only was the tender irregular but it is reported that kickbacks were given to some of the accused. The implicated group is collectively facing more than 70 counts of fraud, theft, attempted theft, corruption, and money laundering. Following their arrests, the suspects were released on bail of R50 000 to R500 000. The group has repeatedly complained over delays to the case, demanding that the matter be expedited. Mhaga tells media on Wednesday, that there is a significant number of suspects in the case and this needs to be factored in when complaints are made by the accused over the length of the crime.

OFM News