Video: Supplied
Johannesburg - The Free State High Court has reserved judgment on the application brought by suspended ANC secretary-general Ace Magashule and three of his co-accused to have the fraud, corruption and money laundering charges they face withdrawn.
On Tuesday, Judge Soma Naidoo said she would reserve judgment in the matter after two days of arguments by lawyers representing Magashule, controversial businessman Edwin Sodi, former national Human Settlements Department director-general Thabane Zulu and erstwhile head of the Free State human settlements department Nthimotse Mokhesi, and the National Prosecuting Authority (NPA).
Lawrence Hodes SC, representing Magashule and Sodi, said his clients were entitled to the relief they sought.
”It’s clear that if the arrest was in terms of section 34 that everything that occurred thereafter flows as the fruit of a poisoned tree,” he said.
The ex-Free State premier was arrested in November 2020 and charged with contravention of the Prevention and Combating of Corrupt Activities Act for his alleged role in the R255 million tender to audit houses with asbestos roofs in the province.
Nazeer Cassim SC, for the NPA, denied Hodes’s submissions that the State did not have a prima facie case against accused number 13 (Magashule) capable of sustaining a successful prosecution.
Cassim asked Judge Naidoo to dismiss the application with the costs of three counsel and warned that none of the accused should get political mileage from the matter.
Outside court, Magashule’s key ally and ANC national executive committee member, Dakota Legoete said Judge Naidoo should be allowed to go finalise the matter and return with the judgment.
Magashule maintained his innocence and his belief that he was facing a political trial.
“We have rights and you can’t trample (on them) and charge us late because you don’t want us to participate in the body politics of the ANC,” he said.
Magashule continued: “I still say there is no case against me”.
He said he was now facing charges including failing to provide oversight, which he rejected because “in terms of the law I am not the accounting officer”.
”My lawyers argued that this is a political trial and we have proven what the prosecution is doing and has been doing. It’s for the judge to decide. I am not corrupt, I have never even taken a cent,” Magashule said.
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He added that a charge he was facing was failing to report a crime, for allegedly facilitating payment for a student to study in the US.
Magashule insisted that he did not benefit from the transaction.
”Because if you charge me with fraud and corruption it means I have benefited,” he said.
Magashule and his 15 co-accused are expected to return to court on June 10 for a pre-trial hearing.
Political Bureau