Bloemfontein Magistrate’s Court to outline charges against Cholota

The Bloemfontein Magistrate’s Court is expected to outline charges against Ace Magashule’s former personal assistant Moroadi Cholota when she appears in court tomorrow.

The Free State High Court initially cited Cholota as its key witness in the case, but that later changed stemming from Cholota’s failure to cooperate with the NPA.

The prosecution has since added her to the list of those charged with fraud and corruption in the alleged irregular awarding of a R255 million asbestos roof removal contract involving Magashule and others during his tenure as Free State’s Premier.

Legal analyst Inez Bezuidenhout says it’s not unusual for an accused person to turn state’s witness after being charged.

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She says the State can still approach an accused if they would still like to testify.

It is also still unclear if the Bloemfontein Magistrate’s Court will grant Cholota bail, as some accused in the Asbestos roof removal corruption case are out on bail.

“The court takes into account the grounds as set out in Section 60 sub-section 4 A to E of the Criminal Procedure Act, which includes aspects such as the likelihood that the applicant if released on bail will evade trial, or that she will intimidate or interfere with state witnesses or even the safety of herself in this instant can also be a consideration that the court would take into account. Now, those grounds if any of those are established, one cannot say it would be in the interest of justice. However, it will depend on the arguments presented to court to establish if any, or all of those grounds might have been met,” Bezuidenhout said.

Cholota, who has been studying in the US, was extradited to face fraud and corruption charges.

Bezuidenhout further said when Cholota appears tomorrow, she will be an ordinary accused in front of court.

“An ordinary accused has to be treated with all the fair trial rights presumed innocent until proven guilty. One can expect on Monday, however, that in terms of Section 56 of the Criminal Procedure Act, the state and possibly the defence, will apply to have the matter enrolled for a bail application,” said Bezuidenhout.

She said during the bail application, one expects that there would be evidence to prove whether it is in the interest of justice that she be detained further or be released from custody pending the hearing.