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The National Prosecuting Authority (NPA) opposed the bail application of former Free State premier Ace Magashule's former personal assistant who is allegedly linked to a R255m corruption case, arguing it has “overwhelming” evidence she was not an accessory to alleged fraud but an accomplice.
Moroadi Cholota returned to the Bloemfontein magistrate's court on Tuesday to apply for bail.
She is listed as accused No 17 in the corruption case which involves her former boss and several Free State government officials accused of being linked to a corrupt scheme over a R255m tender awarded to corruption-accused businessman Edwin Sodi.
On Monday she argued for immediate bail after spending four months in US prisons but the state opposed the application.
NPA lead prosecutor Johan de Nysschen read in court the affidavit of the investigating officer Benjamin Calitz in which he argued government lost R86m in fraud charges against Cholota.
“It would not be in the interest of justice to release the accused. The state opposes bail and contends Cholota is a flight risk and likely to evade trial. She has further misled the court and misrepresented her likelihood of being a flight risk. She has no intention of standing trial,” Calitz's affidavit read.
He said the state had a paper trail to prove its allegations against Cholota.
“She was informed in September 2021 that the state had access to her laptop, email accounts and documents and had questions on what [was] canvassed at the state capture [commission] as well.”
Calitz contended that though Cholota was initially informed she would be questioned as a state witness in the case against her former boss, the state even then had questions about her role in the case. Further investigations were pursued after what Calitz described as Cholota’s “lack of co-operation” in answering questions.
“She was informed she was being questioned as a witness but she seldom answered. All her answers were measured and careful. She showed frustration. We informed her she should think about the matter and if she failed to co-operate she would be charged. Her own emails and records reflect much of the evidence the state has against her. My investigation has found sufficient evidence to sustain the charges.
“Relating to the asbestos procurement, this was facilitated from 2014 to 2017. It is further alleged Cholota acted in common purpose or was part of the conspiracy to commit the crimes with the co-accused.”
The investigating officer questioned the source of funding of Cholota’s legal fees.
“It is unknown how Cholota has managed to fund her expenses while in the US as her bursary was cancelled in 2022. The question should be further asked who is funding her legal representation, as well as that of the case dismissed in the Constitutional Court, especially [as] she could only afford R2,500.
“She continued to reside in the US after her study visa expired. Charges against her came from a comprehensive investigation and the state has a strong case against her.
“The release on bail is not in the interest of justice. It is denied that she enjoys a close relationship with her step-parents and stepsister. She has not visited South Africa since 2020 to visit such people nor has her son.”
The case was postponed to Thursday for Cholota's legal representative advocate Loyiso Makapela to file a responding affidavit before the judge delivers judgment.
In her affidavit read in court on Monday, Cholota said: “It is in the interest of justice that I be released from detention at the earliest possible opportunity. While I appreciate the seriousness of the charges levelled against me I wish to state I am not guilty of any of the charges. I believe the state will not be able to present any objective facts that will prove I engaged in fraud.
“I have been informed I'm accused of having committed the offences of fraud, corruption and money laundering. I deny the allegations. I wish to state I'm confident I will not be found guilty of the charges. I have been detained for almost four months. Not one of my co-accused has spent longer than a day in prison. They have all had their freedom and liberty respected by the court.”
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