The pre-trial proceedings of the R225-million Free State asbestos corruption case, in which a key accused is suspended ANC secretary-general and former Free State premier Ace Magashule, were postponed for the umpteenth time in the Free State high court in Bloemfontein on Friday. Proceedings have been postponed to 20 January 2023.

The case against Magashule and 18 others, who stand accused of fraud, corruption and money laundering, has been postponed as some of the accused indicated that they want to approach the Supreme Court of Appeal again.

Ace Magashule inside court G at the Bloemfontein high court for the pre-trail on 23 September 2022. (Photo: Lihlumelo Toyana)

During a previous appearance, the pre-trial was postponed pending the outcome of Magashule’s first application to the Supreme Court of Appeal. Now after his losing bid, he indicated that he wants to appeal the outcome.

State prosecutor Johan de Nysschen submitted a new indictment to court on Friday adding another accused, Margaret-Ann Diedricks — who was arrested about two months ago.

De Nysschen also indicated to Judge Phillip Loubser that Magashule’s former personal assistant, Moroadi Cholota, will be accused number 18 if she is extradited in time from the United States. He said South Africa is in talks with the US and all indications are that she would be back on home soil before the start of the case.

Supporters of Ace Magashule outside the Bloemfontein high court on 23 September, 2022. (Photo: Lihlumelo Toyana)

Visit Daily Maverick’s home page for more news, analysis and investigations

De Nysschen says the trial can continue even if she is not back in time. Magashule insisted that his concerns be put on record again about the case being a political witch hunt and that justice delayed is justice denied.

Read more in Daily Maverick: Free State asbestos corruption case: Ace Magashule claims delays ‘deliberate’ ahead of ANC’s elective conference.

He asked to be charged separately to speed up proceedings, as this case could jeopardise his political career. Magashule says the endless postponements are a political ploy so that he could not contest in the ANC national leadership race for the party’s elective conference expected to take place in December 2022.

Ace Magashule leaving the Bloemfontein high court after the postponement of the pre-trial, 23 September, 2022. (Photo: Lihlumelo Toyana)

The charges against Magashule and others follow the awarding of a contract by the Free State Department of Human Settlements to the Blackhead Consulting joint venture (JV) for the auditing and replacement of asbestos roofs from residential houses about six years. This was during his term as premier of the province.

Read in Daily Maverick: Ace Magashule’s R255m case ‘bears hallmarks of corruption’, says Free State prosecuting authority.

De Nysschen said in response that there is no political interference in the case and that the application launched by the accused in the SCA — although their right to do so — is the reason for the postponement.

He said no further arrests were expected and said the state was ready to continue but would await the outcome of the latest bid to the SCA as it could impact the trial. DM