Moroadi Cholota, the former personal assistant to Ace Magashule has denied the charges of fraud, corruption and money laundering levelled against her.
The 37-year-old who was successfully extradited from the US on Thursday evening, made her first court appearance in the Bloemfontein Magistrate’s Court on Monday.
The case is in relation to a R255 million asbestos contract in 2014.
Cholota applied for bail via an affidavit that was handed to the court by attorney Piet Tibane of Morakile Tibane Attorneys Inc.
“While I appreciate the seriousness of the charges that have been levelled against me, I wish to state right at the outset that I am not guilty of any of charges against me.
“I verily believe that the State will not be able to present any objective facts or provide any evidence that will prove that I engaged in fraud, corruption or money laundering.”
The mother of one, was arrested in April this year, by US officials and her extradition was granted by two judges in June this year.
In providing reasons as to why she should be released on bail, Cholota said she left for US to pursue her studies and should she be released on bail, would live with her step-parents.
“I confirm I no longer possess any passport or any form of travel documents.
“I was transported back to South Africa on emergency travel documents, my passport was left behind in Baltimore, Maryland and has not been in my possession since my arrest and detention in April 2024.”
She told the court that she believed the case against her was “weak” and that she intended pleading not guilty.
“It is well-known that I was State witness in this matter following my oral testimony at the Zondo Commission on December 19, 2019.
“I was not charged with corruption, money laundering and fraud with my co-accused as there was no evidence linking me at all to the crimes my co-accused were charged with.”
Cholota said she was informed on November 16, 2020 that she would be questioned about the same matter as a State witness.
She said in September 2021, she was interviewed by the investigators in Baltimore, Maryland and Washington DC in respect of the asbestos project.
“The investigators threatened to charge me with the same charges as my co-accused if I did not co-operate with them.
“There is no evidence to show that I never co-operated with the investigators.
“They felt that I had not provided them with the information that they were looking for and decided to charge me with fraud, corruption and money laundering.”
She said the charges do not arise out of any factual and objective evidence, “but from a sense of wanting to punish me for not cooperating with investigators and the prosecutors in this matter”.
“I was never implicated in any wrongdoing related to the Asbestos Project in all of the investigations undertaken by the various State agencies including the State Capture Commission, the Public Protector, the Auditor-General and the Special Investigating Unit (SIU).
“The law requires that the State prove the case against me beyond reasonable doubt, I am certain that it will fail to do so as it has no evidence that links me to any fraud, corruption or money laundering.
“I thus intend to plead not guilty in the envisaged trial.”
She said she had spent four months in prisons since her arrest in the US in April, while her co-accused in this matter had not spent even a “single day behind bars”.
Cholota has asked that the court release her on bail of R2,500.
“I will stand my trial and attend all required dates for the hearings as I am determined to prove my innocence and prove the unconstitutionality of my arrest and the charges against me.”
The matter was adjourned to Tuesday for the State to provide replying affidavits.
The State alleges that fraud to the value of R255 million was committed in the appointment of two companies, one from Gauteng, Blackhead Consultants, in 2014, as service provider to the Department of Human Settlements in the Free State for the assessment and removal of asbestos roofs and/or housing, IOL reported.
The National Prosecuting Authority (NPA) confirmed a total of 18 accused, including five companies, are expected back in the Free State High Court sitting in Bloemfontein for trial from April 15, 2025 to June 23, 2025.
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