Free State asbestos trial: State accused of ruining life of Magashule’s ex-PA Moroadi Cholota

Former Free State premier Ace Magashule’s lawyer has accused the state of destroying the life of his former personal assistant, Moroadi Cholota, by extraditing her back to the country.

Directorate for Priority Crime Investigation (Hawks) investigator Benjamin Calitz was under cross-examination in the Free State High Court in Bloemfontein on Thursday, as proceedings continued in the R255 million asbestos tender corruption case.

A trial-within-a-trial is currently underway, with Cholota contesting the court’s jurisdiction and the legality of her extradition from the United States (US), where she had been studying.

Cholota is accused of facilitating illicit financial transactions on Magashule’s behalf.

She was initially listed as a state witness following her 2019 testimony before the State Capture Commission, but was later charged when she declined to implicate her former boss.

Cross-examination highlights inconsistencies

During Thursday’s trial proceedings, Magashule’s lawyer, Advocate Laurence Hodes, scrutinised Calitz’s September 2021 trip to the US, where Cholota had been interviewed twice.

Referring to Calitz’s affidavit, Hodes pointed out contradictions in his statement about email correspondence between Cholota and service providers.

Calitz had explained that a thorough investigation, supported by documentary evidence, had uncovered sufficient grounds to charge Cholota for her involvement in the asbestos tender.

ALSO READ: ‘What if she went on holiday’: Hawks investigator grilled on ‘surprise’ US trip for Magashule’s ex-PA

However, the investigating officer highlighted that he suspected Cholota had not acted on her own accord when she sent emails requesting payments from suppliers.

“So on the one hand, you’ve said there was enough to charge her, had evidence against, on the other hand, you concede to that you didn’t suspect that she had done so on her own accord. Do you see the contradiction in that?” Hodes asked the state witness.

Calitz agreed.

He acknowledged that despite evidence implicating Cholota, she was initially not charged due to her cooperation.

Watch the trial below:

The Hawks investigator again denied that any threats were made to Cholota during the interviews, stating that he informed her that refusal to cooperate could result in her being treated as a suspect.

“I wouldn’t call it a threat or intimidation. I would rather say it’s advice given, some people might see it like that,” Calitz said.

Calitz had conceded on Wednesday that the state had hoped Cholota would implicate Magashule.

Accusations over Moroadi Cholota’s bursary cancellation

Later in the proceedings, Hodes accused the state of damaging Cholota’s life by extraditing her.

“The state is trying to protect themselves because they actually ruined her life by cancelling her academic career and ensuring that she was brought back to South Africa,

“I will prove through the exchange of emails and notices,” the lawyer said.

READ MORE: Free State asbestos trial: Investigating officer denies misleading US over Cholota’s extradition

Hodes further argued that Calitz “played an instrumental role” in the cancellation of Cholota’s bursary.

However, the witness denied this claim.

“His denial now is false,” Hodes responded.

State prosecutor Tammy McPherson intervened, arguing that this issue was not related to the jurisdictional challenge.

 Moroadi Cholota extradition

The court previously heard that Cholota had been studying at Bay Atlantic University in Washington D.C on a bursary awarded by the Free State government in 2019.

Calitz testified that Cholota was warned in August 2022 that her bursary could be revoked due to her lack of cooperation.

She reportedly failed twice to submit reasons why it should not be terminated.

Her bursary was officially withdrawn in October 2022.

Cholota was arrested in Baltimore in April 2024 and extradited to South Africa in August that year.

She is currently out on R2 500 bail after spending nearly five months in custody between the US and South Africa.

NOW READ: Lawyer says Magashule’s former PA Moroadi Cholota is being charged based on evidence she gave as state witness