Cape Town – The Free State High Court has granted a trial-within-a-trial for Moroadi Cholota, former personal assistant to ex-Free State premier Ace Magashule, in the R255 million asbestos corruption case.
Cholota, one of 18 accused, is contesting the court’s jurisdiction and the legality of her extradition from the US, arguing she should not be held criminally liable.
Her request was opposed by state prosecutor Johan de Nysschen, who dismissed claims of unfair treatment and alleged that Cholota was uncooperative and “playing games”.
However, Judge Phillip Loubser ruled that her special plea, filed under Section 106(1)(f) of the Criminal Procedure Act, must be decided separately and before the main trial begins.
“Having regard to the case law, the norm is no doubt that it should be decided first and separately. The state was unable to refer the court to any specific authority to the contrary,” Loubser ruled.
[WATCH]
Judge Phillip Loubser has agreed to go ahead with a trial within a trial regarding accused 17 in the asbestos case. Moroadi Cholota wants to challenge the court’s jurisdiction, arguing that her extradition from the US was unlawful. pic.twitter.com/hXZozG3fy9— SABC News (@SABCNews) April 25, 2025
“The special plea of no jurisdiction raised by accused 17 (Cholota) in terms of Section 106.1(f) of the Criminal Procedure Act, is to be decided first and separately before commencement of the main trial proceedings.”
Cholota’s legal team criticised the state for lacking legal grounds to oppose the plea and emphasised that any arguments regarding her US interactions should be dealt with in the trial-within-a-trial.
The case involves several high-profile figures, including businessman Edwin Sodi, and centers on a R255 million 2014 asbestos audit contract, with charges ranging from fraud and corruption to money laundering and PFMA violations.
Follow African Insider on Facebook, Twitter and Instagram
Picture: X/@rukambaditiro
For more African news, visit Africaninsider.com
Compiled by Betha Madhomu
