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By Getrude Makhafola

Premium Journalist


‘Charges meant to derail my political career’ – Ace Magashule

Magashule's advocate Hodes wants his client's application to be granted and costs made against the state.


Judge Soma Naidoo reserved her judgment in the R250 million asbestos tender in which former Free State premier Ace Magashule and his co-accused sought to have charges against them thrown out.

Magashule and his co-accused questioned the validity of the corruption and fraud charges levelled against them, insisting that the charges be dropped.

Reading from Magashule’s affidavit in his closing arguments, legal representatives advocate Laurence Hodes accused the state of abuse of power, saying that the timing of the charges was “extremely sinister.”

“This is an attempt to suppress my political ascension…my prosecution emanates from ulterior political motives, as seen from transcripts of submissions made. There is no substance to these charges.”

ALSO READ: Ace Magashule asbestos case: R250m contract ‘no small change’ – state

According to Hodes, the state relied on the evidence heard at the State Capture Commission of Inquiry regarding the controversial asbestos tender, and only picked and chose parts of the evidence.

“If this prosecution is based on what took place at the commission, why wasn’t the [NPA’s] Investigative Directorate involved?”

“Now we have some renegade authority within NPA and within the police that ignore everything that happened at the Zondo commission. They took whatever they could out of it and proceeded well in advance of the reports that the commission must come up with.”

ALSO READ: NPA accuses Ace Magashule of trying to delay his corruption trial

‘Inexcusable to be partisan’

Earlier, the state’s advocate Naseer Cassim charged that Magashule had a case to answer. He said the “buck stops with Magashule” because he was premier at the time when the tender was awarded.

“Surely he can explain to his constituency in this province, where we know the roads are untarred and children suffer as a result of sewage spills in the roads… if he can answer why he should not be held accountable, then he has a political future,” he said as Magashule, flanked by his supporters, sat in the gallery and smiled.

Hodes took issue with his client’s charges that he said emanated from former PA Moroadi Cholota’s evidence at the Zondo commission. The US-based Cholota was Magashule’s PA back in the Free State and was initially a state witness but changed her mind.

She has since been added as an accused to the case and faces an extradition from the US.

“As things stand now, she is an accused. Surely in the interest of justice, things have changed? This is not something that you can wish away and ignore.

“This should have impeded their ability to proceed with the trial. In a time where the country is moving towards elections and where decisions would be made, it’s inexcusable to be partisan. Therefor submit, my ladyship, that the application be granted with costs, including that of two counsels.”

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