Staff Reporter
The National Prosecuting Authority (NPA) says the Free State High Court has dismissed with costs all interlocutory applications brought by suspended ANC secretary-general Ace Magashule and three co-accused in the asbestos corruption case.
NPA spokesperson Mthunzi Mhaga said in a brief statement late Monday that they welcomed the judgment and will now focus on ensuring that the pretrial conference is concluded on the next court date in June so that a trial date can be arranged.
“We have always maintained that all the matters raised by the accused should be ventilated by the trial court when the trial proceedings commence,” read part of the statement.
“The NPA has full confidence in the strength of its case and will let the evidence speak for itself during the trial,” the statement continued.
The civil litigation was brought by Magashule, former head of department for Free State human settlements Nthimotse Mokhesi, businessman Edwin Sodi and former human settlements director-general Thabane Wiseman Zulu.
The four are part of the 16 accused in the failed asbestos audit and removal project valued at about R255 million.
Magashule’s legal counsel Advocate Laurence Hodes told the court that his client was not an executive authority in the Free State human settlements department and therefore had no control over the asbestos project.
Magashule also claimed there was no evidence in the docket of a legitimate case against him and that the matter was politically motivated in a bid to discredit him.
He also claimed there was no witness against him in the matter.
However, Advocate Nazeer Cassim, acting for the state, dismissed Magashule’s assertions saying the state had a strong case against him and that he was taking chances in his pursuit to have his charges dropped.
He told the court Magashule and his legal team had not adequately studied the docket because there is a clear-cut case against him.
The other accused claimed through their legal representatives that they were arrested just a few weeks after testifying at the State Capture Commission, meaning the state strongly relied on the evidence they gave.
They claimed this was against the law because any self-incriminating evidence they gave at the commission could not be used against them in a court of law.
The state, they argued, should conduct its own investigations.
The matter relates to a failed asbestos audit and removal project commissioned by the Free State Human Settlements Department around 2014.
According to the state, the provincial human settlements department engaged Sodi, 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.
Diamond Hill was owned by the late Ignatius Mupambani who was murdered in 2017.
Sodi and his joint-venture partner then subcontracted the work to Sello Joseph Radebe and his company Mastertrade 232 (Pty) Ltd at a cost of about R44.2 million.
Radebe and his company further subcontracted the work to Abel Kgotso Manyeki and his company Ori Group (Pty) Ltd at a cost of nearly R21.4 million.
The 16 accused in the matter include five companies.
The state alleges that Magashule, former human settlements MEC Olly Mlamleli and government officials had a legal duty to comply with the stipulations in the Public Finance Management Act as well as treasury regulations.