‘Not guilty’: Ace Magashule’s ex-PA argues her arrest is ‘punishment’ for not giving cops ‘information’

After spending four months in US prisons, former Free State premier Ace Magashule's former personal assistant, who is allegedly linked to a R255m corruption case, fought not to spend an hour longer in custody when she made her first appearance at the Bloemfontein magistrate's court on Monday to apply for bail.

Moroadi Cholota was extradited from the US last Thursday and joins her former boss and several Free State government officials accused of being involved in a corrupt scheme involving a R255m tender awarded to corruption-accused businessman Edwin Sodi as accused number 17.

Appearing in court on Monday, Cholota looked calm but was upset when she heard she would not be released on bail.

Her legal representative, advocate Loyiso Makapela, argued that Cholota’s “prolonged imprisonment” was unlawful, saying she had been in police custody in the US since April 12. 

In her affidavit read in court Cholota said: “It is in the interest of justice that I be released from detention at the earliest possible opportunity. While I appreciate the seriousness of the charges levelled against me, I wish to state I am not guilty of any of the charges. I believe the state will not be able to present any objective facts that will prove I engaged in fraud. 

“I have been informed I'm accused of having committed the offences of fraud, corruption and money laundering. I deny the allegations in the strongest terms. I wish to state I'm confident I will not be found guilty of the charges. I have been detained for almost four months. Not a single one of my co-accused has spent longer than a day in prison. They have all had their freedom and liberty respected by the court.” 

She argued the charges were prompted by what she claimed police perceived as a “lack of co-operation” when they sought information from her regarding the case after she was a witness in 2019 at the state capture inquiry led by chief justice Raymond Zondo. 

“I was a state witness at the Zondo Commission in 2019 and I was not charged along with my co-accused because there was no evidence linking me. I was informed I would be a state witness by investigators in 2020. I was investigated in 2021. The investigators threatened to charge me with the same charges as my colleagues if I did not co-operate with them.

“There is no evidence to show I have never co-operated with the investigators. They felt I had not provided them with the information they were looking for and decided to charge me with fraud, corruption and money laundering. The charges against me do not arise out of any facts but from a sense to punishment for not co-operating with investigators and prosecutors. I was not implicated of any wrongdoing in all the reports, including the Zondo Commission, public protector and auditor-general's report.” 

She told the court during the trial she would stay with her step-parents in Bloemfontein and would not be able to travel abroad as she left her passport at her home in the US. 

“I have no passport. I was transported back to South Africa on emergency travel documents. My passport was left behind in Maryland, Baltimore and has not been on my person since my arrest on April 12. The only relative beyond South African borders I have is my 14-year-old son who I transported to Nigeria to live with his father. His father is making arrangements for my son's return to South Africa. 

“I will stand trial as I intend to prove my innocence. The facts will show I am not guilty. I intend to show the unconstitutional way the state has treated me.” 

Cholota said she intends not to plead guilty in the trial. 

She requested the court to consider her bail be set at R2,500.

The National Prosecuting Authority (NPA) argued they received Cholota's affidavit on Monday morning and requested the case be postponed to Tuesday to mull over the document. The state indicated it would file a comprehensive affidavit on the matter. 

The case was postponed to Tuesday. 

In June, US judge Erin Aslan of the Maryland district court approved South Africa’s extradition application for Cholota, stating there was sufficient evidence. Aslan said: “Cholota is alleged to have knowingly engaged in the  scheme by using her government position to facilitate corrupt financial transactions.

“South Africa’s extradition request is accompanied by indictments, sworn statements and affidavits, a forensic audit, emails and many other documents, all of which amply support a finding of probable cause to believe Cholota is the individual named in the pending South African indictment and that she committed the charged offences.”

Magashule together with Nthimotse Mokhesi, Mahlomola Matlakala, Sello Radebe, Kgotso Manyeki, Sarah Mlamleli, Nozipho Molikoe, Albertus Venter, Cholota and Margaret-Ann Deidericks have been charged with fraud, corruption, money laundering and contravention of the Public Finance Management Act. 

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