Magashule, Sodi say testimony from Zondo Commission cannot be used in their R255m corruption case

Suspended ANC secretary-general Ace Magashule and controversial businessman Edwin Sodi are set to challenge the admissibility of testimony before the State Capture Inquiry being used in their R255 million Free State asbestos corruption case.

Magashule, Sodi, former Mangaung mayor Olly Mlamleli, former human settlements head of department Nthimotse Mokhesi and others appeared in the Free State High Court in Bloemfontein on Wednesday. 

Advocate Laurance Hodes, for Magashule and Sodi, previously told the court that Sodi was compelled to testify before the commission about the asbestos tender and that it was made clear that the testimony could not be used against him in a criminal trial. 

The arguments will relate to the admissibility of the testimony as Sodi was compelled to testify, which eviscerated his right to silence. 

The defence team for Magashule and Sodi contend that the evidence on which their clients would be prosecuted emanated almost entirely from the testimony before the commission.

Prosecutor Johan de Nysschen previously said the case was not based on evidence led at the commission, but that the testimony was nice to have. 

Done By: Yandisa Qwabe