A Hawks investigator faced rigorous cross-examination from former Free State premier Ace Magashule’s lawyer on Wednesday regarding the extradition of his ex-personal assistant, Moroadi Cholota. The trial-within-a-trial resumed at the Free State High Court in Bloemfontein after delays caused by the ill health of state witness Benjamin Calitz, the lead investigator in the R255 million asbestos corruption case.
The hearing follows Judge Phillip Loubser’s ruling allowing Cholota to challenge both the court’s jurisdiction to prosecute her and the legality of her extradition from the U.S. Cholota is accused of facilitating illicit payments on Magashule’s behalf.
Defence Granted Limited Cross-Examination
After Calitz concluded his initial testimony and faced cross-examination last week from Cholota’s lawyer, proceedings resumed with Advocate Laurence Hodes—representing Magashule and businessman Edwin Sodi—seeking to question Calitz. Hodes argued that the state had attempted to pressure Cholota, originally a state witness, into implicating Magashule through her extradition. His request relied on a transcript of a September 2021 interview between Calitz and Cholota in the U.S.
Judge Loubser permitted the cross-examination but imposed strict limits, barring questions that could influence the merits of the case against Magashule.
Investigator Challenged Over U.S. Interview Tactics
Hodes pressed Calitz on whether Cholota had been notified in advance of his trip to interview her in the U.S. “You remained silent and arrived without any prior notification to her,” Hodes asserted—a claim Calitz did not deny.
Hodes further questioned: “You went all the way to America; everything was sorted out, but not once did you bother to confirm her availability. What if she was on holiday or unavailable?” Calitz responded that arranging communication had not been his responsibility.
Last week, Cholota’s lawyer, Advocate Loyiso Makapela, similarly argued that his client had been “ambushed” when investigators, accompanied by FBI agents, arrived unannounced at her Baltimore residence.
State Denies Pressuring Cholota
While Calitz acknowledged evidence implicating Cholota, he denied using it to coerce her into testifying against Magashule. He maintained that the U.S. trip aimed to clarify email exchanges mentioning Magashule, which could have exonerated Cholota.
Calitz also dismissed the suggestion that implicating Magashule would automatically qualify Cholota as a Section 204 witness, which grants immunity in exchange for testimony. “That would just be an explanation, not a 204 arrangement,” he said.
Cholota was extradited to South Africa in August 2024 to face fraud and corruption charges alongside Magashule and others. Money laundering charges were dropped after the U.S. refused extradition on those grounds.
The trial continues.