The Free State High Court has dismissed with costs the application by former personal assistant of the then Free State premier, Ace Magashule, to have her arrest declared unlawful. Moroadi Cholota (37) is facing fraud and corruption charges in relation to the R255m asbestos roof removal tender in the Free State.
VERY BRIEF
Judge Denise Greyling Coetzer delivered her ruling that lasted less than a minute without the judge giving any reasons for her decision. Piet Tibane, Cholota's defence, said they are yet to receive the reasons, adding that when they approached the courts they had four plays in mind. "First was to challenge the conduct of the state through their prosecution and their investigation officer. Number two, the unlawfulness of the charges; three, for the court to direct the director of public prosecutions to squash the charges; and number four, to declare the extradition unlawful and the effect of that," Tibane said.
CONFUSED
He explained that the case started at the constitutional court, then the magistrate's court, where they applied for bail and then the High Court. "In all these courts, they've given three different versions of why they've charged our client, the first being that she refused to implicate the then premier, Ace Magashule. The second reason they gave when we applied for bail at the magistrate's court was that they decided not to charge her because she decided to cooperate in the state capture, not withstanding that it has never been a condition that for her not to be charged, she needs to cooperate. We will also still believe that the manner in which our client was brought into the country was unlawful," said Tibane. He added that once they get the reason behind the ruling, they will consider the next option. "We still believe that another judge is likely to rule differently. We will not allow anyone to bully us to attend a trial that we are not ready for. Our client is accused number 17 and joined the matter very late." Cholota is out on R2 500 bail after her extradition from America last year.
