The Free State High Court in Bloemfontein has agreed to hold a trial-within-a-trial following an application made by Moroadi Cholota, the former personal assistant to ex-Free State Premier Ace Magashule.
Free State court agrees to go into a trial-within-a-trial
This decision came during court proceedings on Friday, 25 April 2025, as part of the R255 million asbestos corruption case.
Cholota’s legal team had requested this special legal process, arguing that the court needed to separately examine the lawfulness of her extradition from the United States and whether she could be held criminally responsible.
This kind of proceeding is known as a trial-within-a-trial.
What is the purpose of this process?
A trial-within-a-trial is a focused part of a larger court case. It’s used to resolve a specific legal dispute that could affect the main trial. In this instance, the court will examine whether Cholota was brought back to South Africa in a lawful manner and whether anything done during that time—such as attempts to get her to speak to investigators—violated her legal rights.
The State prosecutor, Advocate Johan De Nysschen, argued against this, saying there was no evidence that Cholota had been mistreated. He insisted that police gave her time and space to get legal advice and continue her studies while she was still in the United States. He questioned how she could claim intimidation when she allegedly said nothing of value to the police.
However, Cholota’s lawyer, Loyiso Makapela, countered that the court must hear all legal arguments and facts in the trial-within-a-trial. He said the State’s attempt to stop this process was unfair and tried to influence the judge before the hearing had even begun.
Moroadi Cholota’s role in the Free State asbestos case
Cholota is one of 18 people charged in connection with a 2014 asbestos audit project that cost taxpayers R255 million. The project, overseen by the Free State Department of Human Settlements, was supposed to identify and safely remove asbestos in homes. But the State alleges the project became a source of fraud, corruption, and money laundering.
Cholota worked closely with Magashule during his time as premier and has been accused of helping secure public funds for politically connected businesspeople. These allegations first came to light during the State Capture Commission. She was later arrested in the United States and extradited to South Africa.
She is now out on bail with strict conditions and must report to police twice a week. Her legal battle will continue with the trial-within-a-trial, which could have major implications for how the main asbestos case proceeds.
