epa08817360 ANC's Secretary General Ace Magashule appears in the dock during his first appearance in court on corruption charges in Bleomfontein, South Africa, 13 November 2020. A warrant for arrest was issued for Ace Magashule earlier in the week in connection with corruption which has been a major issue in the ruling party since the end of Aparthied rule. The warrant has been issued in relation to Magashule's alleged role in a contract to find and remove asbestos from homes in disadvantaged neighborhoods in the Free State province. EPA-EFE/CONRAD BORNMAN
If the words of Ace Magashule and two legal representatives in the case are anything to go by, the Free State asbestos trial may only begin next year.
Magashule, his former PA, Moroadi Cholota, Edwin Sodi, former Head of Department Nthimose Mokhesi, former MEC Sarah Mlamleli, Mahlomola Matlakala, Sello Radebe, and others returned to the Free State High Court in Bloemfontein on Thursday as proceedings in the R255 million asbestos tender corruption case continued.
In total, there are 18 accused in the case. All are currently out on bail, with amounts ranging between R50 000 and R500 000.
They face charges of fraud, corruption, money laundering, and contravention of the Public Finance Management Act (PFMA).
It is alleged that during Magashule’s tenure as Free State premier, the Department of Human Settlements irregularly awarded an R255 million asbestos eradication contract to a joint venture between Sodi’s Blackhead Consulting (Pty) Ltd and Diamond Hill Trading, without following proper procurement procedures.
The NPA alleges that although the contract was valued at R255 million, the work was largely not performed. Instead, the contract was subcontracted at significantly reduced amounts, with only a fraction of the funds reaching the final service provider.
R230 million was paid out by the department, with the bulk of the funds being allegedly diverted through various entities, personal accounts, and trusts, and ultimately used to acquire luxury assets.
Asbestos trial delays
The trial was expected to commence on Thursday following several delays. However, more delays are expected.
Judge Phillip Loubser informed the legal representatives that the trial could not proceed because of an application by Mokhesi, who is accused 1 in the case, for legal aid.
“Now, that application has certain consequences because it is governed by section 22 of the Legal Aid Act and in terms of that act, this court cannot decide the application before the matter has been referred to the Legal Aid Board by this court,” said Judge Loubster.
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“And if the court deems it necessary, then this court may provide the Legal Aid Board with a report from the side of the court for purposes of them considering the application and reporting back to the registrar of this court.
“Now it is a procedure that is going to take place, and in certain circumstances, the decision of the Legal Aid Board may even go on a review application in the High Court, which will happen before two judges of this division.
“So it is clear to this court that we cannot proceed with the case against all the accused by hearing evidence for some time to come.
“It is regrettable, but this court is called upon, as you would understand, to apply the law and, despite the consequences of the court’s actions.”
‘A fight is coming’
In response, prosecutor Advocate Johan de Nysschen said the Legal Aid Board had indicated its intention to oppose the application.
We will have to find a date to postpone this matter. It would not necessarily be a date on which the trial will then continue, but it will at least be a date so that we can come together, all of us again, to see how far things have progressed in the meantime.
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“There is another spanner in the works, if I could call it that. I don’t know whether your Lordship received the notice of opposition from Legal Aid, which intends to oppose this application. So there will still have been arguments and papers, albeit from their side as well,” said De Nysschen.
“I don’t know whether my colleague for accused number one can maybe enlighten the court further, but it seems as though there is a fight coming. Legal Aid is not going to concede. My Lord, the opposition actually puts the cart before the horse. But it’s not for me to say, I assume.”
‘Not anytime soon’
Magashule requested that the matter be postponed until January 2027, citing the legal aid application and subsequent oppositions and also elections.
“I don’t even see it happening [anytime soon] when it comes to this. If he loses, it may actually happen. It may take more time. I don’t see it happening. We all want to prove ourselves and our innocence, but seemingly, we are not getting that space. So it’s better to postpone,” he said.
A legal representative of one of the accused commented: “I’m just wondering, are we postponing the matter in anticipation of the case by the legal board in the state? I really appreciate that. I am of the view that, really, in pursuit of the treatise that is certainly better for the accused, I think that it would be better for us to really consider the matter in general.
“I’m averse to what the court is actually indicating and the difficulties that we are actually anticipating here. I’m just saying that coming here and seeing what progress is made, going back, coming back, I think it would be better for us to consider it generally. That’s my submission.”
Asbestos trial postponed to 20 August
After considering the submissions, Judge Loubster settled on 20 August 2026 for the court to be updated on the progress of the application.
“We need an earlier date, let’s call it a pre-trial date, to sort out things going wrong. I was thinking of 20 August, and again, I will make a ruling that the legal representatives of the accused do not have to be present on 20 August. I only want the accused to come back to court on 20 August because I’m afraid that if I postpone the matter for too long, until next year in January, in the meantime, they will forget about this case, and I don’t want that to happen.”
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