South Africa
Magashule’s former PA’s attorneys cry injustice for their client─── KEKELETSO MOSEBETSI 12:46 Tue, 13 Aug 2024
“Our client has a right to access the court, and the postponement today is extremely unfair and violates her rights.”
The legal team representing Moroadi Cholota, one of the key figures in the failed R255-million asbestos case, has expressed extreme dissatisfaction with the ongoing delays in their client’s bail application.
Cholota, former PA to Ace Magashule, appeared before the Bloemfontein Magistrate’s Court on Tuesday (13/8) morning after her bail hearing was postponed yesterday due to a late submission of the application by her representatives.
During today’s proceedings, state lawyer Adv. Johan de Nysschen presented an affidavit from the investigating officer outlining reasons for opposing bail. However, when Adv. Loyiso Makapela attempted to argue the case for immediate bail verbally, Magistrate Estelle de Lange directed her to submit written arguments instead. De Lange then postponed the bail hearing to Thursday (15/8) to allow for final arguments and hand over her judgement.
Magistrate Estelle de Lange during Moroadi Cholota's bail hearing in the Bloemfontein magistrate’s court 21. Photo: Kekeletso Mosebetsi
Morakile Tibane, who is one of Cholotab’s attorneys, voiced frustration over the delays, asserting that they undermine his client’s right to a fair and timely judicial process. “Our client has a right to access the court, and the postponement today is extremely unfair and violates her rights. We will submit our arguments as requested on Thursday,” Tibane said.
Free State and Northern Cape NPA spokesperson Mojalefa Senokoatsane provided additional context for the state’s position. Senokoatsane noted that Cholota’s affidavit, which claimed she would not evade trial, was contradicted by her extradition from the US by law enforcement agencies, suggesting a potential risk of evasion.
He also highlighted that Cholota has been residing in the US for about five years, away from her family, which the state argues might increase her likelihood of fleeing.
Cholota’s affidavit mentioned that her child, now living in Nigeria with the father, is expected to return to South Africa due to Cholota’s presence back in the country.
Despite this, Senokoatsane emphasised that the postponement was not due to the state’s actions but rather to allow the magistrate sufficient time to review the arguments presented by both the defence and the prosecution.
State lawyer Adv. Johan de Nysschen presented an affidavit from the investigating officer outlining reasons for opposing bail. Photo: Kekeletso Mosebetsi
The asbestos case, which has drawn significant public attention, involves Cholota among 17 accused implicated in the misuse of R255-million of taxpayers’ money. The accused include high-profile figures such as Magashule, Limpopo businessman Edwin Sodi, former Mangaung Metro Mayor Olly Mlamleli, and several others.
Cholota’s family has expressed dismay over the prolonged legal processes. Palesa Nangu, Cholota’s cousin, criticised the judiciary for what she perceives as a biased handling of the case. She accused the court of being complicit in violating Cholota’s rights, asserting that the ongoing delays are a form of punishment for her decision to decline an opportunity to become a state witness.
