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Trial Within a Trial: Magashule's Defense Alleges Prosecutorial Misconduct in Cholota Bursary Cancellation

Published 18 hours ago2 minute read
Trial Within a Trial: Magashule’s Defense Alleges Prosecutorial Misconduct in Cholota Bursary Cancellation. Image for illustration purposes only, generated with AI.

The legal battle surrounding former ANC Secretary-General Ace Magashule took a dramatic turn last week as his defense team accused state investigators of manipulating evidence and pressuring a key witness.

The focus of the proceedings was the termination of Moroadi Cholota’s bursary, which Magashule’s lawyer, Advocate Laurence Hodes, argued was an attempt to coerce her into testifying against his client. Hodes claimed investigators influenced the cancellation, hoping it would force Cholota—who was studying abroad—to return to South Africa and implicate Magashule in the ongoing corruption case.

The state, however, denied any interference, maintaining that officials merely reported facts to the Free State Director-General. The court also debated whether Cholota was lawfully declared a fugitive and whether it had jurisdiction to rule on the matter.

During cross-examination, Hodes focused on a September 2021 meeting between Cholota and state investigators, where they allegedly pressured her to name Magashule in exchange for witness protection. According to Hodes, Cholota was given until October 23, 2021, to secure legal representation—but within two weeks, investigators applied for her arrest despite the agreed-upon deadline.

Hodes further alleged that Cholota refused to directly implicate Magashule, instead referring only to “the office of the premier.” He presented transcripts suggesting investigators were dissatisfied with her responses and threatened to list her as an accused if she did not comply.

The trial-within-a-trial—a legal procedure to determine the admissibility of evidence—will resume next Wednesday. The outcome could significantly impact the broader case against Magashule, as the defense seeks to prove prosecutorial misconduct.

The state’s credibility is under scrutiny, with Hodes’ aggressive cross-examination exposing potential irregularities in witness handling.

As the case continues, all eyes remain on whether the court will dismiss the disputed evidence or allow the state’s case against Magashule to proceed.

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South Africa Today
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