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The former Free State premier maintained that the case was politically motivated.
Former Free State premier Ace Magashule appears in the Bloemfontein High Court on 15 April 2024. Picture: Gallo Images/Mlungisi Louw
Former ANC secretary-general Ace Magashule has voiced his frustration over further delays in his R255 million Free State asbestos corruption trial.
The Free State High Court in Bloemfontein has postponed the case to next year, citing scheduling conflicts involving Judge Philip Loubser and members of the defence team.
When proceedings resume on 26 January 2026, Magashule will be tried alongside 16 others, excluding his former personal assistant, Moroadi Cholota.
Loubser ruled on Tuesday that the court lacked jurisdiction to prosecute Cholota on corruption charges due to her unlawful extradition from the United States (US).
Her removal from the case will stand unless the National Prosecuting Authority (NPA) successfully overturns the judgment on appeal.
Magashule reacts to Free State asbestos trial delay
Speaking to the media afterwards, Magashule criticised the state for contributing to repeated delays.
“We want to show that we are innocent. We want to show that we have cooperated with the state. So they can’t always come here and waste our time and postpone.”
He maintained that there was no legitimate case against him or his co-accused.
“They are trying to cook, but we will ultimately expose them, that’s what I know, and that’s why we are ready.”
Magashule also pointed out the financial burden of the prolonged legal battle, which has persisted since his arrest in 2020.
“It’s costly for us.”
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He added that the ongoing trial conflicts with his political commitments, especially with the 2026 local government elections approaching.
“Next year is election year; campaigns must actually start.”
Magashule reiterated his belief that the charges are politically driven.
“The intention is to break us. The intention is to demoralise people about us. The intention was to deal with our political careers. The intention is to disrupt us all the time, and unfortunately, we are standing resolute.
“We have fought against apartheid; we will continue fighting against injustices. And we are ready to do so. They can’t break us, we are not going to be cowards.”
NPA to appeal Moroadi Cholota ruling
Commenting on Cholota’s removal from the case, Magashule questioned why he was still facing prosecution.
“I don’t know why I am still in this box,” he said, adding that anyone who testified at the State Capture Commission should appear in the witness stand during the trial.
“It is their time to come here and prove that I am corrupt and received money from whoever. I deny all those things because this case was political.”
Magashule also warned that the trial would backfire on the state.
“The state is playing games here. It is playing games. They know that they don’t have a case, and they are still going to be embarrassed. They are going to be embarrassed. You will see.”
READ MORE: ‘Nothing I can do about it,’ Judge tells Magashule as Free State asbestos trial postponed again
NPA spokesperson Mthunzi Mhaga said the state intends to appeal the Cholota judgment, describing it as a case with “far-reaching implications”.
“The state believes that there is evidence that implicates Ms Cholota and therefore would want to see her stand trial.
“Unfortunately, the judge is yet to provide us with a full written judgment upon which a decisive determination will be made on the grounds of appeal and a final decision will be made whether to apply for leave to appeal.”
The appeal is scheduled to be heard on Friday, 13 June.
In addition, the Democratic Alliance (DA) intends to call on the Department of Justice and the NPA to appear before Parliament to explain what it describes as “yet another unacceptable failure in prosecuting state capture cases”.
Magashule’s co-accused in Free State asbestos trial
Alongside Magashule, the accused include businessman Edwin Sodi, former Mangaung mayor Olly Mlamleli, former national Department of Human Settlements director-general Thabane Zulu, former Free State Human Settlements head Nthimotse Mokhesi, and the department’s former supply chain director Mahlomola Matlakala.
They face a range of charges, including fraud, corruption, money laundering, and violations of the Public Finance Management Act (PFMA).
The charges relate to a 2014 R255 million asbestos removal tender awarded to the joint venture between Diamond Hill Trading and Blackhead Consulting by the Free State Department of Human Settlements, during Magashule’s tenure as premier.
It is alleged that R27 million in bribes were paid to government officials in connection with the contract.
Cholota was accused of facilitating illicit financial transactions on Magashule’s behalf.
