Suspended African National Congress (ANC) secretary-general and former Free State premier, Ace Magashule, has vowed to fight to the bitter end to have his name cleared.
Magashule, ten others and five companies face more than 70 charges of fraud, corruption and money laundering.
The charges relate to the multimillion rand asbestos roofing removal contract.
Magashule, businessman Edwin Sodi and former Human Settlements head Thabani Zulu want charges against them dropped. They contend that the state’s case is premised on the evidence presented before the Commission of Inquiry into State Capture.
Magashule also wants the prosecution to disclose the list of witnesses who have implicated him. His lawyers have accused the prosecution of being dishonest about the role of Magashule’s former personal assistant, Moroadi Cholota.
This was after the state announced that a warrant of arrest will be issued against the US-based Cholota.
Cholota has allegedly failed to cooperate with law enforcement officials.
In his 47-page affidavit, Magashule also blames his political arch-nemesis and Free State ANC Interim convener, Mxolisi Dukwana. Magashule fired Dukwana nine years ago as Free State MEC for Economic Development.
“He [Dukwana] was not only fired by me, he was also fired by [Mosiuoa] Lekota and others … and then I fired him. It was not me firing him but it was the ANC provincial executive, that is why they hate it,” adds Magashule.
The R255 million asbestos roof eradication contract was awarded to a joint venture, Blackhead Consulting and Diamond Hill Trading in October 2014.
In July 2019, President Cyril Ramaphosa signed the proclamation, which allowed the Special Investigating Unit (SIU) to probe the asbestos contract.
The state alleges that suspended Free State Human Settlements Head, Nthimotse Mokhesi, former MEC, Olly Mlamleli, and Magashule, had financial interest in the awarding of the contract.
In the indictment, the state further alleges that between June 2015 and January 2016, Magashule received unlawful payments of more than R1 million from Diamond Hill Trading director, Phikolomzi “Igo” Mpambani.
Mpambani was shot dead in Sandton in July 2017 in a suspected hit.
The prosecution contends that it is not obliged to specify which witnesses would testify against a specific accused; and that they were left with no option but to have Cholota charged with corruption.
Cholota is currently studying in the US.
National Prosecuting Authority (NPA) spokesperson Mthunzi Mhaga says, “We have evidence against her, however, we had elected to make her a state witness, now that she’s is no longer a state witness, we will charge her and hopefully she will join them.”
“If she doesn’t she can be tried separately. But I need to emphasize that despite her not cooperating, and not being a state witness, we have a formidable case that we will present to the court and that will lead to securing of the convictions against all the accused persons.”
Public Protector Busisiwe Mkhwebane found that the asbestos roof removal contract was not cost-effective.
To date, there are more than 30 000 asbestos-roofed houses in the Free State.
They remain a health hazard to many.
“My life and my children’s life are in danger. So I decided to take out my own money to make this place. It’s very painful because I use my own money. No, I am not happy at all, actually, I am hurt,” say some of the community members.
The state alleges that Magashule abused his position of authority.
The accused are out on bail ranging between R50 000 and R500 000.
They will be back in court in February.
