The Free State High Court in Bloemfontein dismissed an urgent application on Monday to drop fraud charges against Moroadi Cholota.
The former personal assistant of former Free State Premier Ace Magashule faces charges of fraud, corruption and money laundering related to the R255 million asbestos case. She will now join her co-accused for next year’s trial.
Cholota, 37, filed an application seeking to have the charges against her withdrawn and also challenged the legality of her extradition from the United States (US) and subsequent arrest.
In her founding affidavit, Cholota said there was no probable basis for the charges of fraud, money laundering and corruption levelled by the State against her.
Judge Mareena Opperman ruled that Cholota’s matter was not urgent and did not need to be on the roll, dismissing the application with costs.
Cholota, a political science student at the Bay Atlantic University in Maryland, was arrested by American authorities in April 2024, and was incarcerated following her extradition and arrival to the country on August 8, 2024.
She was released on R2,500 bail on August 15.
During her bail application, she told the court that she began working as a public servant in 2009 as a receptionist at the Department of Police, Roads and Transport.
“My first interaction with the office of the Premier was in mid-2012 when I approached the office seeking financial assistance for tuition fees to complete my B-Tech degree, which I had had to drop out of due to financial constraints.
“I had been aware of the long-standing established practice of financially needy students in and around the Bloemfontein area approaching the office of the Premier for assistance with the funding of their tuition and fees.”
She said she was unsuccessful and continued working. In 2013, she was appointed Magashule’s personal assistant and she worked for him until 2018. She joined the office of the new premier, Sisi Ntombela until 2019.
She said she received a full scholarship to study Political Science at Bay Atlantic University which she “grabbed with both hands”.
She said a few months later, she was summoned to appear before the State Capture Commission to give testimony and evidence on the bursary scheme in the office of the Premier.
Cholota said she assisted the Zondo Commission in drawing the distinction between the bursary schemes and financial assistance schemes for students.
She said after travelling back to the US she heard on national television that she would be a witness in the asbestos case, for the first time.
Cholota further alleged that policemen had arrived on her doorstep in September 2021, unannounced and accompanied by the Federal Investigations Bureau (FBI).
“I was escorted by the FBI agents into awaiting blacked-out vehicles and taken to the Sheraton Hotel in Baltimore, Maryland. Without any resistance nor delay, I had to adjust all the engagements I had for that day, and went with the FBI to the hotel for what I was informed was going to be a witness interview.”