Moroadi Cholota, the personal assistant (PA) of former Free State premier Ace Magashule, will find out next Tuesday whether her extradition from the US was legal.
This was heard on Monday in the Free State High Court in Bloemfontein, as the court postponed the trial within a trial regarding the legality of Cholota’s extradition until June 3 in order to render a decision.
Cholota faces money laundering, fraud, and corruption charges related to a controversial asbestos roof removal project in the Free State.
The case involves a 2014 R255-million asbestos roof removal contract where service providers received payment for incomplete work.
No evidence to back claims of torture
During Monday’s closing arguments, advocate Johan de Nysschens, the prosecutor, claimed Cholota had not provided evidence to support her claims of illegal extradition.
De Nysschens argued that Cholota provided no concrete evidence to support her claims of torture, relying instead on testimony from two state witnesses.
According to the state, her allegations lack credibility, as she did not take the court into confidence with verifiable details or independent evidence to corroborate her claims.
He further addressed Cholota’s claim that misrepresentations tainted her extradition, particularly the assertion that she had ties to Kenya.
“The alleged misrepresentation had no material impact on the extradition process, as it did not influence the decision to extradite her from the US,” said De Nysschens.
“The state maintains that the extradition complied with legal protocols and that the court has jurisdiction to proceed with the trial on the asbestos-related charges.”
Legality of the extradition contested
However, Loyiso Makapela, Cholota’s attorney, contested the legality of the extradition, claiming that procedural flaws and her alleged abuse made the procedure illegal.
“These issues undermine the court’s jurisdiction to try Cholota on charges linked to the R255-million asbestos roof removal project, which has been mired in allegations of corruption and mismanagement,” said Makapela.
The trial within a trial is a critical step in determining whether the main case can proceed.
Cholota’s case has brought attention to larger concerns about accountability in government contracts, and the asbestos scandal has garnered a lot of public attention.
As the court prepares to deliver its judgment on June 3, the outcome will likely have far-reaching implications for both Cholota and the ongoing investigations into the asbestos project.
The decision will determine whether the Free State High Court can move forward with the substantive charges or if Cholota’s extradition challenge will alter the course of the trial.
