- Suspended ANC secretary-general Ace Magashule has filed a motion against the National Prosecuting Authority
- Magashule has approached the Bloemfontein High Court to compel the NPA to submit his full indictment in the asbestos case
- Magashule is facing several charges of corruption, fraud and money laundering for allegedly receiving bribes in the asbestos roof tender project in the Free State
BLOEMFONTEIN - Ace Magashule, the ANC's suspended secretary-general, is taking the National Prosecuting Authority (NPA) to court for allegedly delaying to hand over his entire indictment in the R255 million asbestos case.
Magashule has accused the NPA of using delay tactics as a means of political sabotage. He further accused the NPA of leaving out pertinent information in his indictment, including affidavits, according to TimesLIVE.
Magashule is approaching the Bloemfontein High Court in an effort to have the court mandate the NPA to provide him with all the affidavits made by the state's key witness who happens to be Magashule's former personal assistant, Moroadi Cholota.
The project was meant to replace hazardous asbestos roofs in the Free State however, a 2014 financial audit found payment irregularities.
The NPA has alleged that Magashule received bribes worth R1.1 million from the company that was awarded the tender. Magashule stated that he does not believe that his former personal assistant has turned against him and wants the full affidavits she made to prove his assertions.
Cholota is believed to have made certain transaction requests on behalf of Magashule to the businessman who received the tender, reports TimesLIVE.
In papers submitted to the court, Magashule stated that Cholota's affidavit does not implicate him in any way and does not understand why the NPA is pursuing charges against him based on the affidavit that was submitted to him.
Magashule stated that the NPA sent him over 10 000 pages which he believes did not include his full indictment or Cholota's full affidavit. Magashule also stated that Cholota is actually a witness for the defence and not the state.
“I have been further advised to respectfully submit she is a defence witness and cannot be compelled by the respondent to be a state witness,” Magashule said.
Ace Magashule's application against suspension gets dismissed by Joburg High Court
Briefly News previously reported that the High Court located in Johannesburg has rejected Ace Magashule’s application to have his suspension from the ANC dismissed.
Magashule's suspension is unable to be set aside according to the court's decision to despise Magashule arguing that Jessie Duarte did not possess the right to suspend him.
The court decides that Magashule was given enough time to submit reasons describing why his suspension should be overturned going on to state that The court concludes that natural justice and Audi Alteram was followed prior to his suspension.
Following reports by News24, the court rejected Magashule’s objection of rule 25.70 stating that the right of a party to suspend its members fails to conflict with the right of an individual to take part in a political party.
Judge Jody Kollapen stated that the ANC's implemented step-aside resolution fails to constitute discrimination according to reports by eNCA.
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