DURBAN - IN A bid to have charges of fraud, corruption and money laundering against her withdrawn, Moroadi Cholota, suspended ANC secretary-general Ace Magashule’s former personal assistant, has sought intervention from Justice Minister Ronald Lamola.
In a nine-page statement dated November 6, 2021, Cholota alleged she had been intimidated by investigators from the Hawks and the FBI in the case in which Magashule and his 15 co-accused face charges relating to a R255 million asbestos roof eradication project.
Cholota is seeking clarity from Lamola on what future witnesses should do when they face intimidation from investigating officers.
“I invite Minister Ronald Lamola to provide direction on what the process is in such instances for the protection of the rights, safety and dignity of future witnesses,” Cholota wrote in a statement.
She said the Department of Justice and Constitutional Development’s website advised witnesses that they “need not be scared of testifying” and that witnesses are “protected against intimidation”.
“Witnesses are advised that where they ‘fear intimidation’ or are ‘at any time threatened’, they must report it to the public prosecutor or investigating officer,” Cholota said.
She added the department did not advise witnesses on what to do when it was the very investigating officers that were guilty of such intimidation and creating an atmosphere where a witness was in fact scared of testifying.
Lamola’s spokesperson Chrispin Phiri said he was unaware of the statement.
“Even if the minister did receive the letter/statement, the Department of Justice doesn’t investigate. It’s the SAPS that investigates.
“And if the SAPS finds that there is something that is worth charging someone over, they then make that decision. They charge the person and then the National Prosecuting Authority would decide to prosecute or decline the prosecution,” Phiri said.
“The minister doesn’t investigate people, and to the extent that the SAPS are not complying with the law in their investigation, there is not something that the minister of justice can intervene in.”
National head of the Hawks, Lieutenant-General Godfrey Lebeya, said that when witnesses felt they had been intimidated by the investigators, there was a section in the Police Act that provided correction in that regard.
“Police Act: chapter 6A, section 17L (complaints mechanism) 4 (a) states that: the retired judge may receive complaints in the prescribed form and manner from any member of the public who can provide evidence of a serious and unlawful infringement of his or her rights caused by an investigation by the directorate (Directorate for Priority Crime Investigations).”
Lebeya added complaints should be referred to a judge who dealts with matters under section 17 of the Police Act.
A few days prior to Cholota’s statement, the NPA had informed the Bloemfontein High Court it would be adding Cholota to the list of accused people in the asbestos eradication case.
The State recently revealed she would be extradited from the US and charged with corruption. According to Cholota, she learnt via newspaper articles she would appear as a State witness.
In September, Cholota said she had experienced intimidation and unethical conduct by investigating officials when she was woken up by loud bangs on her apartment door. To her surprise, she was greeted by FBI officials who informed her to get dressed and go with them.
Things unfolded in Washington DC.
“I was not told where I was going, nor why I was being asked to go with them. Such was the degrading treatment that a female FBI agent was directed to accompany and escort me upstairs to get dressed. I was not given any privacy or respect.”
Cholota said despite insisting on driving herself, she noticed four “large blacked-out SUVs belonging to agents” that had come to her door unannounced. She managed to message a friend to say she was being taken to the Sheraton Hotel by the FBI.
At the hotel, they were greeted by two investigating officers from South Africa, who thanked the FBI for escorting her.
“My worried friend arrived at the Sheraton Hotel as well, and to my surprise the FBI mentioned the exact time my friend had been to my apartment, and even knew their name!”
She expected questioning to be based on her presentation at the Zondo Commission, but claimed that investigating officers appeared to “almost be pushing me towards giving more information and opinions on matters unrelated to the information in the affidavit”.
This was when she apparently started feeling uncomfortable, and felt that the officers had attempted to incriminate her. She was further accused of having an “attitude” and told that her answers to questions were of “no value”.
Cholota said she stuck to her guns and only gave testimony of what she had stated at the Zondo Commission, and apparently was told by the officials they had no choice but to treat her as a suspect. At the South African Embassy, she received a charge sheet detailing charges of corruption, money laundering and fraud.
Shortly afterwards she was detained.
“The decision to intimidate, threaten and then promptly charge me without reason or grounds is the most blatantly egregious contravention of my constitutional and other rights, both as a witness and as a citizen of South Africa.
“Nothing about any of this conduct and behaviour has been ethical.
“I trust that once this information reaches the National Director of Public Prosecutions, Shamila Batohi, ambassador to the US Nomaindiya Mfeketo, and Lamola it will be clear what an injustice this has been, and the charges against me will be dropped with immediate effect.”
Daily News