The Free State High Court in Bloemfontein has ruled that Moroadi Cholota, the former personal assistant of former ANC secretary-general Ace Magashule, should stand trial in the R255 million asbestos corruption case.
Judge Philip Loubser delivered his ruling on Wednesday, 18 February 2026, following a second trial-within-a-trial regarding Cholota’s special plea.
Loubser previously upheld Cholota’s special plea in June 2025, declaring her extradition from the United States (US) unlawful and clearing her of all charges in the R255 million Free State asbestos corruption trial.
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This prompted the National Prosecuting Authority (NPA) to approach the Constitutional Court (ConCourt), which, on 23 January 2026, ruled that the NPA had acted outside its powers in requesting her extradition.
This extradition request instead lay with the executive.
However, the ConCourt stopped short of terminating Cholota’s prosecution, sending the matter back to the high court to rule on her special plea.
Moroadi Cholota special plea ruling
Delivering his ruling, Loubser explained the questioning of Cholota by Hawks investigators, Benjamin Calitz and Nico Gerber, at the South African Embassy in Washington, DC, in September 2021 was a normal process given that she was regarded as a state witness.
“I hold a view that such questioning is not uncommon or irregular practice employed by police investigators.
“If such a witness does not want to assist the police in this aspect, then the police would be entitled to regard the witness as a suspect himself,” he said.
The judge argued that it was clear Cholota became a suspect in the asbestos corruption case because of her refusal to cooperate with investigators.
“This court finds that Ms Cholota was indeed regarded as a suspect in the pending criminal trial from the moment it transpired that she was not prepared to implicate Mr Magashule.”
He noted Calitz had testified that in 2020, there was already evidence directly implicating Cholota in the asbestos corruption saga after retrieving information from her own laptop.
“Brigadier Gerber also testified that Ms Cholota became implicated before the interview took place and there was evidence of criminality. She became further implicated by the evidence that she gave before the Zondo commission,” Loubser said.
He also highlighted that a US court judgment also found that probable cause existed to support Cholota’s charges and ruled that she can be extradited to stand trial.
The judge concluded that the state had shown “beyond reasonable doubt” that parts of the grounds in Cholota’s special plea had no merit.
“This court has jurisdiction to try Ms Cholota on the charges she is facing,” Loubser ruled.
Free State asbestos corruption trial
Cholota is one of 18 accused in the matter.
The list includes Magashule, tenderpreneur 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 provincial department’s former supply chain director, Mahlomola Matlakala.
All the accused are facing charges of fraud, corruption, money laundering and violations of the Public Finance Management Act (PFMA).
These charges stem from a R255 million contract awarded in 2014 by the Free State Department of Human Settlements to a joint venture between Diamond Hill Trading and Blackhead Consulting.
The trial will resume on 2 March 2026.
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