Court orders Moroadi Cholota to stand trial with Magashule in R255m asbestos case

Ace Magashule’s former personal assistant Moroadi Cholota has suffered a significant blow after the Free State Division of the High Court dismissed her bid to stop her prosecution in the R255-million asbestos corruption trial.

This means she will now face trial for charges of fraud, corruption, theft and racketeering when the trial returns to court on 2 March 2026.

The other co-accused in the matter are: businessman Edwin Sodi, former director-general of the national Department of Housing Thabane Zulu, as well as Nthimotse Mokhesi, Mahlomola Matlakala, Sello Radebe, Adel Kgotso Manyeki, Nozipho Molikoe, Albertus Venter, Margaret-Ann Diedericks and former MEC and Mangaung mayor Olly Mlamleli.

In addition, companies charged include Blackhead Consulting (owned by Sodi), 602 Consulting Solutions, Mastertrade 232 and Ori Group.

Handing down the judgment on Wednesday, 18 February 2026, Judge Phillip Loubser said: “I find that the State has shown beyond reasonable doubt that there is no merit in the remaining grounds of Ms Cholota’s special plea... This court has jurisdiction to try Ms Cholota on the charges she is facing.”

Appeal attempt

Cholota challenged her prosecution on several grounds, including allegations that SA officials had lied or misrepresented facts to US authorities, claiming she was a fugitive from justice. Her legal team also argued that the basis for the extradition request was that she had allegedly refused or failed to return to face trial.

The court, however, dismissed this.

“On the face of it, the allegations made by Ms Cholota in this respect are not borne out by the judgment of the US court at all...

“I find that the State has shown beyond a reasonable doubt that it had not lied to US authorities that Ms Cholota was a fugitive from justice. The request for extradition was not mainly based on the fact that she was not returning to SA. It only resulted in the expedition process, but it never formed part of the expedition process itself. The ground in this special plea can also not be upheld,” Loubser said.

Read more: ConCourt hands NPA a lifeline in Moroadi Cholota extradition ruling — but denies it key powers

Another ground for Cholota’s special plea was that the State had argued that she had been a flight risk with connections in countries such as Nigeria and Kenya. Loubser once again dismissed this on the basis that it did not play a part in the US’ decision to grant the extradition request.

“This ground can therefore also not be upheld.”

The final ground for the special plea was that the State lied to US authorities, claiming that Cholota was part of a syndicate with a diamond company and had facilitated kickbacks for it. Her legal team argued she was never part of any syndicate and that this information was given to the US authorities to strengthen the unlawful request for her extradition.

Loubser referred to a forensic report presented in court, which found that Cholota had made several requests for financial assistance, for example, to support students, government officials and ANC delegation visits, which were funded by the three co-accused companies in the trial.

“Although this court has not had evidence in the main criminal trial yet, it is clear from the passages in order that Miss Cholota had requested payments from Mr Bombani after his company had received payments, while no work in the project has been done; this conduct can certainly be interpreted as conduct evidencing a syndicate…”

Unanimous judgment

Loubser’s judgment comes almost a month after the Constitutional Court, in a unanimous judgment delivered by Deputy Chief Justice Dunstan Mlambo, overturned a Free State Division of the High Court decision that had blocked Cholota’s prosecution.

The high court had initially ruled that the National Prosecuting Authority (NPA) had no power to try Cholota because her extradition was requested by the Director of Public Prosecutions, instead of the national executive, and was unlawful.

The Constitutional Court agreed with the high court’s earlier outcome that Cholota’s extradition was unlawful. It said the Director of Public Prosecutions did not have the authority to request her extradition from the US. However, the court ruled that this mistake did not mean Cholota and others should escape trial.

Cholota was extradited to SA in August 2024.

The National Prosecuting Authority’s Mthunzi Mhaga welcomed the court’s decision in a statement and said the entity would now turn its focus on ensuring that it presented a “formidable” case to sustain the charges against all 18 accused in the trial.

The new National Director of Public Prosecutions, Andy Mothibi, commended the team in the matter.

“Our prosecutorial arsenal continues to display their legal prowess that received affirmation at the apex court, resulting in the fight against serious corruption being enhanced and the rule of law upheld. We cannot allow impunity to reign supreme when we have a constitutional obligation to hold those accused of criminality accountable,” said Mothibi. DM