Staff Reporter
Former Free State premier Ace Magashule says some people have been approached to come forward and make false claims against him in the asbestos corruption case which is set to go on trial soon.
He made the claim on Tuesday while addressing journalists outside the Free State High Court after the pre-trial conference was postponed to November 3.
“People are being asked to come and make false claims about me when the trial starts,” said Magashule without stating who the people are.
He would also not indicate if these people had been approached by the state to give the false testimonies or it was just private individuals.
“They have told me everything and we know who is behind this. I will expose them at the right time.
“I can’t wait to stand in the dock and state my case. These are just trumped-up charges.
“I have worked in government for about 25 years and I have not been involved in any corruption. I have not stolen even a penny.
“Why would I steal when I am about to leave government?” asked a frustrated Magashule, who is also suspended as the ANC secretary-general.
His legal team pressed the state during the sitting to furnish it with the list of witnesses so that they can adequately prepare themselves for trial.
There has been speculation whether Magashule’s former personal assistant Moroadi Cholota, who is now living in the United States, had agreed to turn state witness against him.
National Prosecuting Authority (NPA) spokesperson Mthunzi Mhaga said the state preferred not to discuss witnesses in the media.
“The NPA will not be saying who is our witness and who is not to the media. When the right comes, that information will be made public,” said Mhaga.
Magashule appeared together with 10 other accused persons in the matter and they are charged together with five companies.
The main charges they face include fraud, corruption and money laundering.
The state outlines its case in the final indictment saying: “When an organ of state in the national, provincial or local sphere of government . . . contracts for goods or services, it must do so with a system which is fair, equitable, transparent, competitive and cost-effective.”
It says in terms of treasury of regulations, supply chain management, when procuring through a bidding process, should provide for: the adjudication of bids through a bid adjudication committee; the establishment, composition and function of bid specification, evaluation and adjudication committees; the selection of bid adjudication committee members; bidding procedures; and the approval of bid evaluation and or adjudication committee recommendations.
The prosecution argues that treasury regulations indicate that state organs are not obliged to consider an unsolicited proposal but may only consider such a proposal if, among others, a comprehensive and relevant project feasibility study has established a clear business case; the product or service involves an innovative design; the product or service involves an innovative approach to project development and management; or the product or service presents a new and cost-effective method of service delivery.
But according to the state, the Free State Department of Human Settlements, represented by Nthimotse Mokhesi, 61, who is the first accused in the matter, appointed Edwin Sodi, 47, his company Blackhead Consulting (Pty) Ltd and joint venture partner Diamond Hill (Pty) Ltd as a professional resource team for the eradication of asbestos in the Free State province.
Sodi and the two companies are now accused one, two and three in the matter.
These were appointed on October 1, 2014 when a service level agreement was entered into.
The contract price amounted to R255 million and the department made an “advance payment” to the value of R51 million.
Diamond Hill was owned by the late Ignatius Mpambani who was murdered in 2017.
Accused three, four and five then subcontracted the work to Sello Joseph Radebe, 56, and his company Mastertrade 232 (Pty) Ltd at a cost of about R44.2 million.
Radebe and the company are standing as accused seven and eight in the matter.
Accused seven and eight further subcontracted the work to Abel Kgotso Manyeki, 38, and his company Ori Group (Pty) Ltd at a cost of nearly R21.4 million.
Manyeki is accusednine while his company is the 10th accused.
The state alleges that Magashule, former human settlements MEC Olly Mlamleli, 63, and the government officials who have who have since been charged had a legal duty to comply with the stipulations in the Public Finance Managament Act (PFMA) as well as the treasury regulations.
The state further alleges that Magashule and the officials also had a legal duty to disclose the deviations from and/or non-compliance with departmental prescripts, stipulations in the PFMA and the treasury regulations.
It also expected them to disclose the personal and/or business relationship between themselves and Sodi, Mpambani and/or companies which they were involved in or owned.
And as if to hold Magashule to his word, the state claims that on June 26, 2014, he delivered the State of the Province Address in his capacity as Free State premier in which he mentioned that the eradication of asbestos roofing project in the Free State would take place from 2014 to 2019.
The state has listed over 70 charges against the accused, of which Magashule faces three, namely fraud, corruption and failure to report corruption.
There are several counts attached to each charge.