The Free State High Court has ruled that Moroadi Cholota must stand trial in the R255-million asbestos corruption case alongside Ace Magashule and others. This decision comes after her extradition from the United States in August 2024. The trial is set to resume on 2 March 2026.
Eighteen months after her extradition from the United States, Moroadi Cholota, former personal assistant to Ace Magashule, has lost her legal challenge to avoid prosecution in the R255-million asbestos case. The Free State Division of the High Court dismissed her special plea on 18 February 2026, paving the way for her to face charges of fraud, corruption, theft and racketeering.
Judge Phillip Loubser delivered the judgment, stating: “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.”
Cholota's legal team argued that South African officials misrepresented facts to US authorities, including claims that she was a fugitive, a flight risk with ties to Nigeria and Kenya, and involved in a syndicate linked to a diamond company. They contended these assertions unlawfully influenced her extradition. However, the court rejected these grounds, noting that a forensic report indicated Cholota had requested payments from co-accused companies after they received funds, with no project work completed, suggesting syndicate-like behavior.
This ruling follows a unanimous Constitutional Court decision nearly a month earlier, which acknowledged the unlawfulness of the extradition request—made by the Director of Public Prosecutions rather than the national executive—but determined it did not bar the trial. The National Prosecuting Authority welcomed the outcome, with spokesperson Mthunzi Mhaga stating the focus would now be on building a strong case against all 18 accused, including businessman Edwin Sodi, former housing director-general Thabane Zulu, and others such as Nthimotse Mokhesi, Mahlomola Matlakala, Sello Radebe, Adel Kgotso Manyeki, Nozipho Molikoe, Albertus Venter, Margaret-Ann Diedericks and Olly Mlamleli. Charged companies include Blackhead Consulting, 602 Consulting Solutions, Mastertrade 232 and Ori Group.
National Director of Public Prosecutions Andy Mothibi praised the legal team, saying: “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.”
