State has no case, says Magashule

SUSPENDED ANC secretary-general Ace Magashule has approached the High Court in a bid to quash the charges against him, claiming that the State has no prima facie case.

In his founding affidavit, Magashule maintains his prosecution is a smear campaign set to derail his political career, and that the State’s case is weak.

“Any allegation of criminality against me is a quantum leap, as a matter of law and logic, and does not sustain the charges. The lack of cogent evidence against me impugns considerations of ulterior purpose, political interference behind the prosecution, and possibly malicious prosecution,” he said.

Magashule further said his view was substantiated by the State’s unwillingness to give his legal team a full list of witnesses. He also questioned the prosecutor’s conduct with regard to his former personal assistant, Moroadi Cholota, who was at one stage touted as a State witness, but now finds herself among the accused.

He said the manner in which Cholota was treated constituted misconduct.

The State said it had gone to the US, where Cholota is based, to get a witness statement, but she refused and was subsequently charged in the case.

Magashule faced charges of fraud, corruption, theft and money laundering relating to a R255 million contract for assessing and removing asbestos from roofs and houses in the Free State. Other accused in the matter include former Mangaung mayor Olly Mlamleli, former human settlements head of department Nthimotse Mokhesi and businessman Edwin Sodi.

Magashule said the case has had a negative impact on his life. He was forced to step aside from his position within the ANC until he was cleared of all the charges.

Magashule believed the entire case should never have been opened,

as anyone who watched the State Capture inquiry, where Mxolisi Dukwana made allegations against him, would have seen how Cholota contradicted Dukwana.

“Am I expected to go through a baseless trial for a number of years while my life and career dissipates? Even if I am exonerated, which I am confident of, the time lost and prejudice suffered will be of a magnitude difficult to quantify,” he said. Magashule said he had incurred significant expenses due to what he termed an unlawful arrest and repeated court appearances.

“I have also suffered personal humiliation, credibility and irreparable harm in having to be labelled as having stolen R255m from the State coffers in the eyes of the public. Given the prima facie misconduct by the State and the lack of prima facie case against me, the State left me with no option but to bring this application, lest I face a long, protracted trial. It follows that I should be granted costs of the application in the event that I am successful,” he said.

Meanwhile, Magashule has also approached the Supreme Court of Appeal to reverse his suspension.