The ex-personal assistant of former Free State premier Ace Magashule has accused the state of “punishing” her for not co-operating with investigators and prosecutors.
Moroadi Cholota appeared in the Bloemfontein magistrate's court on Monday, pleading to be released on bail after her extradition from the US.
In her affidavit which was read out in court, the 37-year-old described the state's case as “weak”, adding that she was confident that she will not be found guilty on charges levelled against her.
They felt that I had not provided them with the information that they were looking for and decided to charge me with fraud, corruption and money laundering.
— Moroadi Cholota
Cholota said she was certain that the state would fail to prove the case against her beyond a reasonable doubt because “it has no evidence that links me to any fraud, corruption or money laundering”.
She was first considered a state witness in connection with an alleged corrupt R255m asbestos tender scheme while Magashule was still Free State premier.
However, she is now an accused in the matter.
“While I appreciate the seriousness of the charges that have been levelled against me, I wish to state right at the outset that I am not guilty of any charges against me.
“I believe that the state will not be able to present any objective fact or provide any evidence that will prove that I engaged in fraud, corruption or money laundering,” she said.
According to Cholota, she is not a flight risk as she didn't have her passport or any form of travel documents. She said she was transported back to SA on emergency travel documents.
“It is well known that I was the state witness on this matter after my oral testimony at the state capture/Zondo commission on December 19 2019. I was not charged with money laundering, corruption and fraud with my co-accused as there was no evidence linking me at all to the crimes my co-accused are charged with.
“I was informed by the investigators that I would be questioned about the same matters canvassed in the state capture/Zondo commission when they told me I was a state witness on November 16 2020 via email.”
She said in September 2021, she was interviewed by investigators in Baltimore, Maryland and Washington DC regarding the asbestos project.
She claimed that investigators threatened to charge her if she did not co-operate.
“There is no evidence to show that I had never co-operated with the investigators. They felt that I had not provided them with the information that they were looking for and decided to charge me with fraud, corruption and money laundering.
“The charges against me do not arise out of any factual and objective evidence but from a sense of wanting to punish me for not co-operating with investigators and prosecutors in the matter,” she said.
She also told the court that she had never been implicated in any wrongdoing related to the asbestos project in investigations that had already been undertaken by various state agencies including the state capture commission.
“I will stand my trial and attend all the required dates for the hearings, as I am determined to prove my innocence and prove the unconstitutionality of my arrest and the charges against me. The facts will show that I am not guilty of the charges levelled against me.
“I am determined to show the unconstitutional manner in which the state has treated me and levelled charges against me. I am determined to clear my tarnished reputation and restore my good name and for that reason, I certainly have no desire to evade justice,” she said.
The state is opposing bail. The matter was postponed to Tuesday for further bail hearing.
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