The long-running R255 million Free State asbestos corruption case was delayed yet again on Monday, drawing renewed criticism from former ANC secretary-general Ace Magashule.
The Free State High Court in Bloemfontein postponed the trial to March as legal proceedings involving Magashule’s former personal assistant, Moroadi Cholota, continue to unfold.
Moroadi Cholota extradition ruling
The latest delay follows a ruling by the Constitutional Court (ConCourt) last week, which found that Cholota’s extradition from the United States (US) in April 2024 — while she was studying there — was unlawful.
The apex court ruled that the National Prosecuting Authority (NPA) had acted outside its powers when it requested her extradition.
However, the ConCourt stopped short of terminating Cholota’s prosecution, sending the matter back to the high court to rule on her special plea.
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Cholota’s plea had previously led to a trial-within-a-trial, in which she maintained that she was charged only for refusing to implicate Magashule.
In June 2025, the high court upheld her special plea, declaring her extradition unlawful and ruling that it lacked jurisdiction to prosecute her. That decision effectively cleared her of all corruption-related charges.
The NPA subsequently approached the ConCourt to challenge that outcome.
Free State asbestos corruption trial postponed
During Monday’s proceedings, Judge Philip Loubser outlined a strict timetable for the next phase of the case.
Cholota’s legal team was instructed to submit its heads of argument by 28 January, while the state was given until 2 February to respond.
“The oral arguments in respect of the trial-within-a-trial will be heard on 3rd of February,” the judge said.
Loubser further confirmed that judgment on the special plea would be delivered on 18 February.
The main asbestos corruption trial, involving Magashule and several co-accused, was formally remanded to 2 March.
Magashule unhappy
Following the postponement, Magashule expressed frustration over the latest delay.
“It’s frustrating because it is our image out there. We are seen as corrupt people. People are not saying these are allegations, but it’s deliberate.
“It’s political. I’ve said from the onset,” he said in a brief interview with Newzroom Afrika.
He maintained that the multiple postponements were placing a financial strain on the accused.
“I’m happy that the judge says the case must go on the 2nd [of March], and you can see the state is not sure what to do. It is going to be very interesting.
“A lot of information is going to come. You have seen it in the Madlanga commission that the state itself is captured. We are going to prove that this case was political,” Magashule continued.
Magashule further raised concerns about whether the trial process would be fair, particularly in light of the ConCourt’s findings regarding Cholota’s extradition.
NPA defends delay
Responding to criticism, NPA national spokesperson Mthunzi Mhaga said the postponement was unavoidable given the outstanding legal questions that must first be resolved.
Mhaga indicated that the state’s heads of argument would only be filed once the defence had clarified the basis of its submissions.
He also addressed concerns regarding legal representation for former Mangaung mayor Olly Mlamleli and former Free State Human Settlements head of department Nthimotse Mokhesi, who have reportedly sought legal aid.
“We are concerned that there might be a derailing or delaying issue of legal representation in respect of accused number one [Mokhesi].
“It is something that is out of our hands. You’ll recall that the postponements or the delays initially had not been at the instance of the prosecution,” he said.
Mhaga added: “This one is regrettable; hope that Legal Aid South Africa will come to his rescue and assist him in getting legal representation so that at least by the 2nd of March, we are able to put our first witness in the witness box.”
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