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#AsbestosGate: Magashule dealt a blow

───   LUCKY NKUYANE 09:15 Tue, 29 Mar 2022

#AsbestosGate: Magashule dealt a blow | News Article
Ace Magashule. File image/Screengrab

The former Free State Premier and suspended ANC Secretary-General, Ace Magashule, and three co-accused's attempts to have charges related to the failed R255 million Asbestos Project against them thrown out of court have been dealt a blow.

Judge Soma Naidoo in the Free State High Court in Bloemfontein dismissed the civil litigation of Magashule and company, with costs, in favour of the State.

Magashule; the former Head of the Department of Human Settlements, Nthimotse Mokhesi; Thabane Zulu, and businessman Edwin Sodi, brought the application before the court.

OFM News previously reported that Advocate Christo Meiring, who represented Mokhesi, told Judge Naidoo that the legal principle of a fair trial has been infringed by the State. They say the State cannot use the State Capture Commission's evidence because the evidence presented at the commission by Mokhesi and others was "self-incriminatory", whilst Magashule on the other hand maintains that the charges against him are politically trumped-up charges.

ALSO READ: #AsbestosGate: Magashule and others challenge charges in FS High Court

Magashule also wants a list of witnesses against him. Meanwhile, the State's Advocate Nazeer Cassim (SC) dismissed the arguments of three of the accused about the evidence in the civil litigation playing out in the Free State High Court regarding the failed asbestos project. Cassim argued that there was a flagrant breach of Treasury regulations when awarding the controversial multi-million rand project, which was commissioned to eradicate the asbestos roofs of 30 000 households across the province in 2014.

ALSO READ: #AsbestosGate: There was a flagrant breach of Treasury regulations - State

The pretrial proceedings of the asbestos criminal case, where the suspects are facing charges ranging from fraud, corruption, and money laundering, was postponed to 10 June 2022 after a brief appearance by the suspects. The postponement was to make way for the civil litigation brought by the four accused.

The accused, in this case, includes 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; 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 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.

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