Latest news with #R255-million
IOL News
02-07-2025
- Politics
- IOL News
NPA petitions the Supreme Court of Appeal over Cholota ruling appeal
The National Prosecuting Authority has petitioned the Supreme Court of Appeal following a controversial dismissal by Judge Loubser of their application for leave to appeal. The National Prosecuting Authority has petitioned the Supreme Court of Appeal following a controversial dismissal by the Free State Division of the High Court, Bloemfontein on its application for leave to appeal. The petition, filed on Monday, comes after Judge Loubser dismissed the NPA's request for the judge to reserve questions of law under Section 319 of the Criminal Procedure Act. The ruling has drawn attention as it relates to the jurisdictional authority of the Free State Division of the High Court to hear the case against Moraidi Cholota, who has been implicated in the ongoing asbestos scandal that has plagued the region. The court found that it has no jurisdiction to try the former Free State premier Ace Magashule's personal assistant in the R255-million asbestos case, as her extradition from the United States of America was unlawful. NPA national spokesperson, Mthunzi Mhaga, said the judge's decision not only undermined the legal process but also initiated a potential gap in justice surrounding the serious allegations presented in the case. "The NPA is of the firm view that the Honourable judge erred in dismissing the application for leave to appeal, and that there are reasonable prospects of success to appeal the Cholota judgment, and that there are compelling reasons for the SCA to hear our appeal. "We are also exploring the possibility of approaching the Constitutional Court, challenging the same judgment, given the possible far-reaching implications on many other extradition matters," said Mhaga. It is important to note that during the previous trial within a trial concerning the jurisdiction issue, the merits of the state's case against Cholota were neither adjudicated nor formally assessed. This withdrawal from a full examination has led the NPA to maintain that the charges she faces remain viable and can be substantiated in a subsequent trial. IOL News Get your news on the go, click here to join the IOL News WhatsApp channel.
Eyewitness News
13-06-2025
- Eyewitness News
There are more than 20,000 unfinished RDP houses in the Free State
A couple in Bolata village in the eastern Free State have waited 14 years for their RDP home to be finished. Theirs is one of more than 20,000 Breaking New Ground (BNG, formerly known as RDP) houses in the province that are incomplete, says Zimasa Mbewu, spokesperson for the Free State Department of Human Settlements. These projects are 'blocked' mainly because contractors failed to complete the work they have been paid for. Toloko Mofokeng and his wife Monyaduwe Tshabalala were allocated an RDP house in 2011, to be built on a piece of land where they lived. A contractor arrived the same year but left without doing anything. A second contractor left after levelling the ground. A third contractor put in a concrete slab before also abandoning the project. Fourteen years later, the couple live in a shack next to the slab. The shack leaks when it rains and will need to be rebuilt soon. Mofokeng, tired of waiting, says he is considering building his own mud hut on the concrete foundation. Mbewu says the department has scrapped contractors who left work undone and 'blocked' housing projects, including Mofokeng's home, will be completed over the next two years. She declined to name the contractors responsible for Mofokeng's incomplete house, as disputes over payment were still taking place. LONG HISTORY OF HOUSING FAILURES The Zondo Commission found that between 2010 and 2011, under former Premier Ace Magashule, about R1-billion was spent on housing projects in the Free State, many of which were never completed. In 2014, the province entered into a R255-million corrupt tender for the removal of asbestos roofs. That trial is continuing. In 2021, the Auditor General wrote that for three years, the housing department had spent most of the grants received for housing but had delivered 'significantly fewer houses than the target', with no consequences for contractors who failed to meet their targets. In 2024, the Auditor General commended the department on improving internal controls, but the department only reported completing 50 Breaking New Ground houses against a target of 2,065. The Auditor General found there was insufficient evidence that even 50 houses had been built. 'I could not determine the actual achievement, but I estimated it to be materially less than reported,' the Auditor General wrote. This article first appeared on GroundUp. Read the original article here.
IOL News
04-06-2025
- General
- IOL News
Overturned Cholota extradition will not affect Ace Magashule asbestos trial
The National Prosecuting Authority is considering its options after Moroadi Cholota's extradition was overturned Image: Supplied The National Prosecuting Authority (NPA) says the Bloemfontein High Court judgment upholding Moroadi Cholota's special plea of lack of jurisdiction will not impact the trial of the rest of the accused. It will meanwhile consider its options, including possibly appealing against the judgment. 'The NPA will specifically consider options to appeal considering the potential impact of the judgment in respect of the case against Ms Cholota, and broader extradition processes,' NPA spokesperson Mthunzi Mhaga said. He explained that it should be noted that this judgment has no bearing on the trial against the other accused that is expected to resume on Wednesday (June 4) as Cholota was an accused person and not a state witness. The NPA remains confident in the strength of its case against the accused and said it was ready to proceed when the trial resumes. 'The members of the prosecuting team always acted with the highest standards of ethical conduct, guided by the evidence and information available at any given time,' Mhaga said. The court found on Tuesday that it has no jurisdiction to try the former Free State premier Ace Magashule's personal assistant in the R255-million asbestos case, as her extradition from the US was unlawful. The judge upheld her special plea regarding the asbestos removal tender following a trial-within-a trial to ascertain whether Cholota's extradition process by the South African authorities was done lawfully. While a Free State director of Public Prosecutions applied for Cholota's extradition, Judge Philip Loubser found that this power lies with the Justice Minister and with the National Prosecuting Authority. Thus, he said, the extradition was not done lawfully and it is not valid. 'This court does not have the power to try you. You are free to leave,' the judge told Cholota. Cholota was one of 18 accused in the high-profile trial where the accused are facing a host of charges relating to alleged fraud, corruption and money laundering. All of the accused had pleaded not guilty and denied any involvement in the allegations against them. Cholota was studying in the US at the time of her extradition and was at first regarded as a state witness, before it was decided to add her as accused no 17 to the criminal trial. In challenging her extradition, Cholota claimed that the State had lied or misrepresented to the US authorities that there was a case for her to answer in South Africa. In delivering his judgment, Judge Loubser said there was no need to go into these arguments, as he found the extradition process was wrong in law. The only two witnesses who testified during the extradition challenge were Hawks officials. The Cholota camp did not call any witnesses.
IOL News
03-06-2025
- General
- IOL News
NPA says overturned Cholota extradition will not affect Ace Magashule trial
The National Prosecuting Authority is considering its options after Moroadi Cholota's extradition was overturned Image: Supplied The National Prosecuting Authority (NPA) said the judgment by the Bloemfontein High Court in upholding Moroadi Cholota's special plea of lack of jurisdiction will not impact the trial of the rest of the accused. It will meanwhile consider its options, including possibly appealing against the judgment. 'The NPA will specifically consider options to appeal considering the potential impact of the judgment in respect of the case against Ms Cholota, and broader extradition processes,' NPA spokesperson Mthunzi Mhaga said. He explained that it should be noted that this judgment has no bearing on the trial against the other accused that is expected to resume on Wednesday (June 4) as Cholota was an accused person and not a state witness. The NPA remains confident in the strength of its case against the accused in this matter and is ready to proceed when the trial resumes. 'The members of the prosecuting team always acted with the highest standards of ethical conduct, guided by the evidence and information available at any given time,' Mhaga said. The court found on Tuesday that it has no jurisdiction to try the former Free State premier Ace Magashule's personal assistant in the R255-million asbestos case, as her extradition from the United States of America was unlawful. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading The judge upheld her special plea regarding the asbestos removal tender following a trial-within-a trial to ascertain whether Cholota's extradition process by the South African authorities was done lawfully. While a Free State director of Public Prosecutions applied for Cholota's extradition, Judge Philip Loubser found that this power lies with the Justice Minister and with the National Prosecuting Authority. Thus, he said, the extradition was not done lawfully and it is not valid. 'This court does not have the power to try you. You are free to leave,' the judge told Cholota. Cholota was one of the 18 accused in the high-profile trial where the accused are facing a host of charges relating to alleged fraud, corruption and money laundering. All of the accused had pleaded not guilty and vehemently denied any involvement in the allegations against them. Cholota was studying in the USA at the time of her extradition and at first regarded as a state witness, before it was decided to add her as accused no 17 to the criminal trial. In challenging her extradition, Cholota claimed that the State had lied or misrepresented to the US authorities that there was a case for her to answer in South Africa. In delivering his judgment, Judge Loubser said there was no need to go into these arguments, as he found the extradition process was wrong in law. The only two witnesses who testified during the extradition challenge were Hawks officials. The Cholota camp did not call any witnesses.
eNCA
05-05-2025
- eNCA
Cholota trial within a trial begins
BLOEMFONTEIN - The asbestos corruption, fraud and money laundering case returns to the Free State High Court in Bloemfontein. Ace Magashule's former personal assistant Moroadi Cholota's trial within a trial is expected to begin. She's challenging the court's jurisdiction to hold her liable for criminal charges. Cholota will also argue why she claims her extradition from the US is unlawful. She is on trial alongside Magashule, businessman Edwin Sodi and others for an allegedly fraudulent R255-million tender.
