Ace Magashule’s PA Moroadi Cholota
By Neo Mofokeng
Magashule’s former PA Moroadi Cholota sees fraud charges dropped as the National Prosecuting Authority (NPA) faces a legal blow in the R255 million asbestos case, marking yet another embarrassing setback for the authority. The NPA, which has struggled with several high-profile cases recently, admitted to an “oversight” after attempting to pursue charges that were not part of the extradition agreement with the United States, where Cholota was arrested in 2024. This development has raised fresh questions about the NPA’s ability to handle complex corruption cases, especially as the Free State High Court in Bloemfontein prepares for a crucial ruling on 3 June 2025.
A Major Setback for the NPA in the Asbestos Case
The NPA found itself in hot water after pleading with Judge Phillip Louwser to withdraw four counts of fraud against Moroadi Cholota, the former personal assistant to ex-Free State Premier Ace Magashule. The charges were part of the high-profile R255 million asbestos removal tender case, which has been a thorn in the side of South Africa’s justice system since it first came to light. The project, announced by Magashule during his 2014 State of the Province Address, was meant to remove toxic asbestos roofing from over 300,000 low-income homes in the Free State between 2014 and 2019. However, the work was never completed, and allegations of fraud, corruption, and money laundering soon followed.
Cholota, who was initially positioned as a State witness, became a key accused in the case after her extradition from the United States. She was arrested in Baltimore in April 2024 while studying at Bay Atlantic University in Washington, DC, where she had been pursuing a degree in political science. Her extradition to South Africa in August 2024 came after a lengthy legal process, but it was marred by controversy from the start. The US authorities had granted her extradition on certain charges but explicitly declined to include four counts of fraud, citing the rule of specialty under international law. This rule states that an extradited person can only be tried for offenses approved in the extradition agreement.
Despite this, when the trial kicked off last month in the Free State High Court, the NPA included the four fraud charges in the indictment. Cholota pleaded not guilty to them, setting the stage for a legal battle that has now exposed the NPA’s misstep. During closing arguments on Monday, 26 May 2025, State advocate William Nicholson admitted the error, stating, “We are not going to pursue those charges.” The NPA later
The NPA’s “Oversight” Sparks Outrage
The NPA’s decision to drop the fraud charges was met with sharp criticism from Judge Louwser, who pointed out that Cholota had already pleaded to the charges. Under the Criminal Procedure Act, she was entitled to a verdict—either guilty or not guilty—on those counts. Louwser questioned where this left the case, prompting State advocate Johan de Nysschen to respond, “It was an oversight from the State.” De Nysschen clarified that the four counts of fraud “were not to be put” since they were not part of the extradition agreement, but they were included anyway. He added, “If the main trial now continues, we shall simply just stop the prosecution on those four counts, and we are entitled to do that. And that is the end of the matter pertaining to those four counts.”
The NPA’s admission of an “oversight” has been a major embarrassment, especially given its history of mishandling high-profile cases. Over the years, the authority has faced criticism for its handling of corruption cases involving political heavyweights, such as former President Jacob Zuma and the Gupta family’s Estina Dairy Farm scandal. Just earlier this year, the NPA dropped charges against former Sports, Arts, and Culture Minister Zizi Kodwa due to insufficient evidence, a decision that drew widespread backlash. The latest blunder in the asbestos case has only added fuel to the fire, with critics arguing that the NPA lacks the resources and expertise to tackle complex corruption trials.
Cholota’s Legal Battle and Extradition Challenges
Cholota’s legal team, led by advocate Loyiso Makapela, has been vocal in challenging the lawfulness of her extradition and the court’s jurisdiction to try her. This challenge is being addressed through a trial-within-a-trial, a legal process to determine whether the Free State High Court has the authority to proceed with her case. Makapela argued that the State failed to provide sufficient evidence to prove the court’s jurisdiction, stating, “The State did not put any evidence—or rather relevant evidence—before this court about the legality or lawfulness of Ms Cholota’s extradition.” She added, “We believe there’s nothing we could bring before the court that could prove more than they have proven that the court lacks jurisdiction.”
Cholota’s lawyers have also raised concerns about the NPA’s authority to request her extradition in the first place. They pointed to a Supreme Court of Appeal (SCA) ruling from last year in the case of South African-born artist Johnathan Schultz, which found that the power to request extradition lies with the justice minister, not the NPA. Despite this ruling, the NPA made the request for Cholota’s extradition, a decision Makapela described as unlawful. In February 2025, the NPA withdrew an application for leave to appeal the SCA’s judgment, only to later reinstate it on narrower grounds related to retrospectivity.
The State, however, dismissed these arguments as a last-ditch effort by the defence. De Nysschen accused Cholota’s legal team of “clutching at straws,” saying, “They are now trying anything to have this court make a finding of no jurisdiction. This was never their case, and with all due respect, I think it’s somewhat irresponsible to come at the end of the case and ask the court to make findings on issues that there never were.”
The R255 Million Asbestos Scandal: A Deeper Look
At the heart of the case is the R255 million asbestos removal tender, a project that has become a symbol of corruption in South Africa’s Free State province. The contract, awarded in 2014 to a joint venture between Diamond Hill Trading and Blackhead Consulting, was meant to address the health risks posed by asbestos roofing in low-cost housing. However, the project was riddled with irregularities, and the State alleges that Magashule, Cholota, and 16 other accused—including businessman Edwin Sodi—engaged in fraud, corruption, and money laundering. Despite the promises, none of the planned work was completed, leaving over 300,000 homes untouched and exposing residents to the dangers of asbestos.
Cholota, who was 37 at the time of her arrest, was initially expected to be a key witness for the State. In September 2021, Hawks officers Captain Benjamin Calitz and General Nico Gerber traveled to the US to interview her while she was studying at Bay Atlantic University. At the time, she was a political science student, and her bursary was later canceled as a result of her legal troubles. The investigating officer testified that Cholota was not pressured to implicate Magashule during these interviews. Instead, the intention was to get a statement from her to corroborate the State’s existing evidence. However, Cholota became uncooperative, leading authorities to charge her as an accused rather than a witness.
During the trial-within-a-trial, the State called Calitz and Gerber to testify, but both admitted they were not directly involved in the extradition request. Makapela seized on this, arguing that the State should have called NPA officials to prove the extradition was lawful. She said, “It was them that ought to have been here to show this court the extradition was lawful, not members of the SAPS—such as Captain Calitz and General Gerber—who themselves in their testimony distance themselves from the extradition, stating time and time again they did not have exact knowledge of the process that South Africa followed in asking for her extradition.”
Cholota’s Struggles: From Student to Accused
Cholota’s journey from a student in the US to an accused in a high-profile corruption case has been fraught with challenges. After her arrest in April 2024, she spent nearly five months in custody between the US and South Africa before being granted R2,500 bail in August 2024. Her legal team has repeatedly argued that her extradition was unlawful, claiming she was subjected to assault, harassment, and intimidation by the FBI, Interpol, and SAPS to coerce her into signing a statement falsely incriminating Magashule. These allegations were echoed by the African Congress for Transformation (ACT), Magashule’s political party, which stated, “Ms Cholota does not pose any threat to anyone and did not merit the mistreatment she received.”
Cholota also faced significant personal setbacks. Her vehicles, valued at R1.4 million, were seized by the sheriff on 12 December 2024, and three of her bank accounts were frozen. Additionally, her son, who lives in Nigeria with his father, has been affected by her legal battles. Earlier this year, the Free State High Court dismissed her bid to have her arrest and extradition declared unlawful, a ruling she plans to appeal at the Supreme Court of Appeal.
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