The Free State High Court has dismissed with costs the application by Moroadi Cholota, the former personal assistant to Ace Magashule, to have her arrest declared unlawful. Cholota, who is facing fraud and corruption charges linked to the controversial R255 million asbestos roof removal tender in the Free State, had sought to challenge her arrest.
Judge Denise Greyling Coetzer delivered the ruling in less than a minute, without providing reasons for her decision. Cholota’s defense lawyer, Piet Tibane, stated they have yet to receive the reasons for the ruling.
Tibane explained that their application had four key points: challenging the conduct of the state’s prosecution and investigation officer, questioning the lawfulness of the charges, seeking a direction for the Director of Public Prosecutions to squash the charges, and requesting the extradition to be declared unlawful.
The case has been through several courts, including the Constitutional Court, the magistrate’s court, and the High Court. Tibane argued that the reasons provided by the state for charging Cholota have varied across the different stages of the case.
Initially, it was claimed that Cholota was charged for refusing to implicate Magashule. Later, the state suggested she was charged because she had chosen not to cooperate with investigations into state capture. Tibane maintains that there was no formal condition requiring cooperation to avoid charges.
Cholota’s defense also raised concerns over the manner of her extradition from the United States, which they argue was unlawful. They are still waiting for the court’s reasoning behind the ruling and are considering further options.
Cholota remains out on R2,500 bail after being extradited from the U.S. last year. Her defense continues to assert that she was charged unfairly and believes another judge may rule differently in the future.
