KEY POINTS
-
The R255 million Free State asbestos corruption trial, involving prominent figures like Ace Magashule, begins despite legal delays and disputes over extradition.
-
Several accused individuals, including former government officials and businessmen, face charges of fraud, corruption, and money laundering related to a 2014 asbestos removal contract.
-
Judge Philip Loubser insists that the trial must proceed, rejecting further delays and urging all parties to be prepared for the proceedings.
The Free State High Court has ruled that the much-anticipated trial involving the R255 million Free State asbestos corruption case must continue, despite multiple delays.
The case, which has drawn significant attention due to the involvement of several high-profile individuals, including former ANC secretary-general Ace Magashule, will now proceed with the accused entering their pleas.
On Tuesday, Magashule appeared in court alongside his former personal assistant, Moroadi Cholota, to face charges of fraud, corruption, money laundering, and violations of the Public Finance Management Act (PFMA).
According to TheCitizen, the case stems from a controversial 2014 tender awarded to Diamond Hill Trading and Blackhead Consulting to remove asbestos from homes in the Free State, a project that allegedly involved widespread corruption and bribery.
The list of accused individuals includes prominent businessman Edwin Sodi, former Mangaung mayor Olly Mlamleli, former national Department of Human Settlements director-general Thabane Zulu, and former Free State Human Settlements head Nthimotse Mokhesi, among others. These individuals face charges related to the awarding of the asbestos removal contract, with allegations that R27 million in bribes were paid to government officials in exchange for securing the tender.
Despite the serious nature of the charges, all accused are currently out on bail, with amounts ranging from R50,000 to R500,000.
Legal challenges and delays
The trial, which is scheduled to run until 23 June 2025, has already encountered significant legal obstacles. One of the primary issues arose when Mahlomola Matlakala, a former supply chain director in the Free State Department of Human Settlements, appointed a new lawyer who was unprepared for the trial.
His previous attorney, Lebohang Mokhele, was struck from the roll due to serious misconduct charges. Mokhele, however, attempted to represent Matlakala in court despite being barred from doing so.
Advocate Johan de Nysschen, representing the state, informed Judge Philip Loubser that while the prosecution was ready to proceed, Matlakala’s new lawyer had not received case documents until just a few days prior, and this left them unprepared for the trial. The state, therefore, requested a brief postponement to give the lawyer time to prepare.
“We need to ensure that everyone is properly represented, and the defense has had adequate time to review the evidence,” De Nysschen stated.
However, the defense lawyers representing Magashule and Sodi opposed any further delays. Advocate Laurance Hodes, who represents both men, criticized the continuous postponements, arguing that the case had already been delayed for years. “There have been numerous appearances, postponements, and pre-trial conferences,” he said. “A further delay would push proceedings into 2026, which would be an undue burden on our clients.”
In response to the legal back-and-forth, Judge Loubser made it clear that there would be no further delays. “This case must proceed. We cannot postpone, postpone, and in two months’ time be sitting in the same position,” he declared, urging all parties to be ready to move forward.
