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Ace Magashule appears in Bloemfontein Magistrates Court. (Frikkie Kapp, Gallo Images)
- ANC Secretary General Ace Magashule received a bond of 200,000 rand.
- He has been charged in connection with the 255 million rand asbestos audit corruption case.
- The court also heard that his former personal assistant became a state witness.
Former Ace Magashule personal assistant became a state witness in the R255 million asbestos audit corruption case in which the former Free State prime minister is indicted.
Magashule stood in the dock at the Bloemfontein Magistrates Court on Friday morning, where he heard he had been charged with 21 counts of fraud, corruption and money laundering.
Magashule appeared relaxed throughout the court appearance and was backed by supporters, including Tony Yengeni, a member of the ANC NEC, who was sitting in front of the gallery.
It was recorded that the State would not oppose the bail and that the charges that Magashule faces are within the fifth box, which means that he was responsible for demonstrating that it was in the interest of justice to allow his release on bail .
EXPLANATOR | Ace Magashule Court Order: What You Need To Know About The Free State Asbestos Deal
Magashule’s defender, Laurance Hodes, SC, entered an affidavit in court records and told the court that the ANC general secretary, who earns R133,000 a month as an employee of the ruling party, could post a bail of R20,000.
Hodes further argued that:
- Magashule was not a flight risk and that his passport was expired;
- That he would not interfere with the witnesses or the investigation;
- He has cooperated with law enforcement since the arrest warrant was issued; Y
- That he had personal property worth around R700,000 and real property registered in his name.
Although the state prosecutor, lawyer Johan de Nysschen, agreed that the courts were interested in releasing Magashule on bail and that he met the requirements, he argued that the bail should be set at R250,000 given the seriousness of the alleged crimes committed.
De Nysschen also dropped a bombshell when he asked for a condition of bail to be imposed: that Magashue not contact a state witness, his former personal assistant, Moroadi Cholota.
Cholota was Magashule’s assistant when he was Prime Minister of the Free State.
He has also testified at the Zondo commission.
The state said another condition should be that Magashule must approach the investigating officer before applying for a new passport.
De Nysschen also broke down the charges Magashule faces which include;
- Eight counts of fraud;
- Five counts of corruption; Y
- Eight counts of money laundering.
Additional charges may be added.
Before handing down his sentence, Magistrate Amos Moos stressed that Magashule was not brought to court in shackles as is common practice at the Bloemfontein Magistrates Court.
De Nysschen attributed it to the fact that there was cooperation when Magashule turned himself in after the arrest warrant was issued.
Moos granted Magashule a bond of 200,000 rand, but stressed that he made his decision by evaluating the facts before him and was not influenced by Magashule’s position in society.
Moos found that Magashule would not attempt to evade his trial, interfere with witnesses, or that his release would undermine the criminal justice system or disturb public order and peace.
He further said that bail is not a preliminary punishment and that all defendants must be treated as innocent until proven guilty.
Moos also imposed bail conditions requested by the state.
The matter was postponed to February 19, where Magashule will join his other co-defendants in the dock.
READ | DEAR! Hawks gets arrest warrant for Ace Magashule in R255m asbestos corruption investigation
Magashule’s co-defendants include former Mangaung mayor Olly Mlamleli, businessman Edwin Sodi, and former head of human settlements for the Nthimotse Mokhesi department.
The defendants have been charged with fraud, corruption, theft and money laundering, among other charges, which relate to a 255 million rand contract for the evaluation and removal of asbestos roofs and / or homes.
The two companies then allegedly outsourced to two other companies, one of which did the work for 21 million rand.
The rest of the money was allegedly pocketed by the defendants, and despite millions being used on the project, the asbestos had yet to be removed, according to testimony from the state’s capture commission of inquiry.
Helen Suzman Foundation Director Francis Antonie says the whole country is watching the ANC Secretary General Ace Magashule’s case, and the nation will not like it if the issue “fizzles out” due to political connections. | @CannyMaphanga https://t.co/dQG6j8WQdB
– News24 (@ News24) November 13, 2020
According to a statement from the National Tax Authority, the matter is ready for trial and will be transferred to the High Court of the Free State in Bloemfontein at the next appearance in February.
He said the postponement was necessary as more defendants are expected to be added to the charge sheet.
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