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Magashule wants court to throw out state’s case against him

Magashule wants the court to throw out the state’s case against him - The Mail & Guardian (mg.co.za)

The case in opposition to suspended ANC secretary widespread Ace Magashule with the aid of the National Prosecuting Authority (NPA) continues to get to the bottom of after he filed software to have the costs in opposition to him thrown out of the courtroom. ANC SG Ace Magashule is suing Buyisile Ngqulwana for defamation. He wants the court to declare that the allegations are false and to order Ngqulwana to retract them.


In his 47-web page affidavit, Magashule alleged political interference, claiming that his key function within the ruling birthday party performed a big position within the selection to prosecute him, demonstrating an ulterior purpose through the state.


In his software, filed at the Bloemfontein high court on 18 November, Magashule — who changed into pressured to relinquish his function because the ANC’s chief administrator with the onset of the case — requested that the courtroom claim that the state’s case in opposition to him contains no prima facie proof which would lead to a conviction. 


Magashule, who became arrested overdue final yr on charges of fraud, corruption, and money laundering connected to an R255-million soft to audit and get rid of dangerous apartheid-generation asbestos roofs inside the Free State when he became finest of the province, argues that the case against him is solely reliant on proof from Mxolisi Dukwana, considered one of his arch-foes and member of the governing council of the Free State.


Dukwana regarded before the Zondo commission probing nation seize in October 2019 to claim that Magashule had siphoned cash from the authorities at some stage in his tenure as Free State premier. 


“It isn't any secret that Mr. Dukwana has an awl to grind with me. This taints his credibility, [and] therefore his proof has to be regarded with circumspection. It is therefore noteworthy that he is not contemplated at the listing of nation witnesses attached to the indictment,” Magashule argues.


In his testimony on the Zondo commission, Dukwana alleged that Magashule become a “blesser” (benefactor) to many because of payments advanced to him with the aid of Phikolomzi Ignatius Mpambani from money corruptly and fraudulently sourced from state coffers thru the asbestos assignment.


The NPA alleges that:


In August 2015, Magashule corruptly conventional a charge of R53 550 from Mpambani, paid at Magashule’s request in the direction of the lessons charges of the daughter of a then performing decide; 

In June 2015, Magashule time-honored price of R 470 000 from Mpambani, paid at Magashule’s request to M-Tag Systems for the acquisition of two hundred digital pills;

In June 2015, Magashule popular a price of R 30 000 from Mpambani, paid at Magashule’s request to SWC Nkate; 

Between November 2015 and January 2016, a fee of R 250 000, at Magashule’s request, become made by way of Mpambani to Astra Travel in the direction of the journey fees of a delegation to Cuba; and

Magashule did not record corrupt transactions in contravention of the Prevention and Combating of Corrupt Activities Act.

Magashule argues in his application that: “In phrases of my duties as top of the line, I became no longer even remotely near to any initiations, adjudication and awarding of any tender granted to carrier providers. I changed into now not the accounting authority and had no obligation to report any suspicious transactions, nor became there any proof of any suspicious transactions that I was aware of.” 


The prosecution in the asbestos case in advance this month conceded that Magashule’s former private assistant, Moroadi Cholota, had refused to show state witness. Her status became continually unsure. Cholota is on the coronary heart of the case in opposition to the ANC heavyweight.


Cholota had testified at the Zondo fee that she might method companies on the behest of Magashule for economic assistance for diverse students, both in South Africa and overseas. Magashule states in his affidavit that educational tasks were no longer particular throughout his tenure as the highest quality and that a giant part of his salary as ANC secretary standard was utilized to certify numerous debit orders to various instructional and charitable reasons.


“Additionally I am famed for my involvement in numerous charities together with Friends of the Free State,” he said. 


Magashule has additionally argued that the state didn't follow segment 27 of the Prevention and Combating of Corrupt Activities Act. Earlier this month the country admitted flouting a demand in law whilst it charged Magashule under the Act. Magashule became no longer approached for proof as to why he didn't record an alleged crime, nor become he given evidence of authorization via the NPA for the group of prosecution, as demanded by using segment 27.


“I have been suggested that Section 27 offers that such an authorization might also only be issued after the person worried has been afforded a reasonable possibility by way of the investigating officer or prosecuting authority, as the case can be too, provide an explanation for the case of Section 34 (2) why she or he didn't file,” Magashule said, including that if the utility to have the case towards him thrown out is denied, the state must be compelled to reveal its witness list.


Magashule has complained since his arrest that the country has failed to play open cards together with his defense group utilizing withholding its docket and witness list, which he said creates the effect that the case against is a ways from being prepared for trial.

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