THE National Prosecuting Authority (NPA) has applied for the extradition of suspended ANC secretary-general Ace Magashule's former personal assistant Moroadi Cholota from the US..
Judge Soma Naidoo postponed a pre-trial hearing that had been set down for two days to June 10.
She later heard an application to withdraw the charges against Magashule, former national human settlements department director-general Thabane Zulu, controversial businessman Edwin Sodi and former head of the Free State human settlements department Nthimotse Mokhesi.
They want the NPA to withdraw the fraud, corruption and money laundering charges and for the state to supply them with the list of the witnesses implicating them.
Mokhesi's lawyer Christo Meiring told the court that his client's evidence given to the commission of inquiry into state capture infringes on the free trial rights of the applicant as provided for in section 35 of the Constitution.
"This application hinges on the evidence given by the applicant before the Zondo commission in August 2020 and then again in September 2020. He was required to respond to questions from the state capture commission's investigators in January and February 2020," he explained.
According to Meiring, Mokhesi gave evidence that was self incriminating.
"I don't think that is in dispute," he said.
Judge Naidoo asked: Is all his evidence self-incriminatory and cannot be relied on?"
Mering said large portions of it were but he had realised in hindsight he had not handled his testimony correctly.
He said Mokhesi was arrested after he testified at the state capture inquiry.
loyiso.sidimba@inl.co.za
Political Bureau