In a startling turn of events, Moroadi Cholota, Ace Magashule’s former personal assistant, is now free after the court ruled that her extradition was illegal.
Cholota has been battling the extradition in a trial within a trial that is distinct from the main trial of the corruption scandal involving the R255-million asbestos tender.
She was facing charges of money laundering, fraud, and corruption related to the controversial asbestos roof removal project in the Free State.
Delivering his judgment on Tuesday morning, Judge Phillip Loubser said Cholota could not be tried and that she was a free woman.
Court has no jurisdiction to try Cholota
“Ms Cholota’s extradition from the United States to the Republic of South Africa was illegal since the South African executive branch failed to submit a legitimate and legal request for her extradition,” ruled Loubser.
“This court does not have jurisdiction to try Ms Cholota on the offences she is charged with.”
During last 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.
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.
Cholota’s tears of joy
In reaction to the high court judgment, Cholota broke down in tears of joy.
Mthunzi Mhaga, the spokesperson for the National Prosecuting Authority (NPA), told the media that the judgment has a defect of a final order.
He said the NPA can appeal, but they must first review the ruling to see if they can.
“The feeling from the team was that the conduct was above board in the allegations that were made against the investigators officers,” Mhaga said.
“Unfortunately, the judge found otherwise, and therefore it is one of the issues that we have to reflect on, and if we find something, we can appeal.
“We cannot charge Cholota unless the judgment is overturned by a higher court.”
Also Read: Ace Magashule’s ex-PA Moroadi Cholota’s extradition judgment set for June
