Asbestos corruption trial: Magashule and co-accused face further delays following ConCourt ruling

The asbestos corruption trial involving former Free State Premier Ace Magashule and 16 co-accused has once again been put on ice following another postponement in the matter.

Magashule and his co-accused appeared in the Bloemfontein High Court today for the continuation of the main trial after a lengthy delay last year, but the court has pushed the matter to March this year.

This comes after the Constitutional Court last week agreed that the extradition of Magashule’s former personal assistant, Moroadi Cholota, from the United States was unlawful.

However, the apex court set aside the decision by the Free State High Court not to prosecute her.

Last week, the Constitutional Court sent the matter back to the Free State High Court for the other factors in Cholota’s special plea to be continued.

The State in the asbestos case already expected that the apex court’s decision would mean a delay in the main trial, which was paused in April last year.

Judge Philip Loubser ruled on the matter on Monday, stating that accused 17's legal representatives are to submit heads of argument in the trial-within-a-trial, having regard to the judgment of the Constitutional Court on 28 January, by close of business.

The State, if they want to respond, must do so by the end of business on Monday, 2 February. The oral arguments in respect of the trial-within-a-trial will be heard on 3 February.

Cholota is challenging the lawfulness of her extradition and argues that it was driven by malice because she refused to testify against her former boss, Ace Magashule.

Judge Loubser says the judgment in the trial-within-a-trial is expected to be handed down on February 18.

The main trial will then resume, where all of the accused will be tried for fraud and corruption linked to a dodgy R255 million tender for the replacement of asbestos roofs in the Free State.