Asbestos matter: NPA suffers another loss in a high-profile legal battle
The Bloemfontein High Court found that Moroadi Cholota's extradition to South Africa from the US was illegal .
Image: Fle Picture: Dimpho Maja/Independent Newspapers
ALL the back and forth effort to extradite former Free State premier Ace Magashule's personal assistant, Moroadi Cholota, from the United States of America, came to naught on Tuesday at the Bloemfontein High Court.
Judge Philip Loubser delivered his ruling and declared that the basis upon which Cholota was extradited lacked legal authenticity. Therefore, she cannot be tried in the multimillion-rand asbestos case due to unlawful extradition from the United States.
The National Prosecuting Authority's bid to have Cholota extradited began three years ago and that process eventually culminated with her being escorted by Interpol and South African police officers during her extradition to South Africa.
This latest ruling by Judge Loubser marked another significant court-battle loss for the NPA in high-profile matters.
Cholota was among 18 accused individuals in this matter that centred around allegations of fraud, corruption, and money laundering linked to a staggering R255 million asbestos scandal.
Each of the accused had denied any wrongdoing, pleading not guilty to the charges brought against them, and Cholota had mounted a vigorous defence against her extradition in what became a trial-within-a-trial.
During proceedings, it was established that the extradition request made by the Director of Public Prosecutions in the Free State did not adhere to the necessary legal framework.
In his judgement, Judge Loubser emphasised, 'This court does not have the power to try you. You are free to leave,' thereby affirming Cholota's position and signalling a crucial setback for the prosecution.
This ruling not only highlights the complex legal hurdles surrounding the case but also casts a shadow on the judicial procedures followed to bring Cholota back to South Africa while she was pursuing her studies abroad.
The Director of Public Prosecutions' actions, now under scrutiny, raise questions about the operational integrity of extradition processes in serious criminal cases.
As things stand, the NP has indicated that it was currently reviewing the judgement, which could have significant implications for the ongoing asbestos trial and its remaining defendants.
Observers of South African law and governance will be interested to see how this ruling impacts the trial's trajectory, especially as the spectre of corruption looms large in the country's political landscape.
DAILY NEWS
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The South African
18 minutes ago
- The South African
DNA results confirm the murder of Pretoria journalist
The South African Police Service has confirmed that the remains found in Rust De Winter last month, are of journalist, Aserie Ndlovu and his partner. Ndlovu and his girlfriend went missing on 18 February 2025. The bodies analysed for DNA were discovered by SAPS on 8 May 2025. 'The SAPS can now confirm that a DNA analysis has been concluded and has positively linked the remains to that of Aserie Ndlovu and Zodwa Mdhluli', said national police spokesperson, Athlenda Mathe. Mathe said the remains found were analysed and matched against samples taken from biological relatives of both Ndlovu and Mdhluli. SAPS has notified both families of the positive DNA match. The families have also been told that the results confirm that the remains found are of the missing couple. Mathe said the police were pleased to assist both families in finding closure. While the families come to terms with this new development, the case of the suspected killers of Ndlovu and Mdhluli continues before the KwaMhlanga Magistrate's Court. Seven suspects were arrested on 4 May 2025, over two months since the couple had been missing. The seven were charged with kidnapping, house robbery and possession of stolen property. Last month, a cross province operation involving Gauteng and Mpumalanga police led SAPS to the seven suspects. They were questioned and subsequently arrested. 'The first suspect who is arrested, is according to investigations, the last to be in the company of the missing couple', said Mathe. 'The second, third and fourth suspects that have been arrested were found with different vehicle parts believed to be that of the missing journalist', she continued. Police Commissioner, General Fannie Masemola has previously attributed the police successfully apprehending the suspects, to public participation. 'The social media community must also be appreciated for sharing the pictures of these suspects far and wide. Together, we can do more with the cooperation of communities in fighting crime and apprehending dangerous criminals ', said Masemola. DO YOU BELIEVE THAT SOCIAL MEDIA PLAYS A ROLE IN SOLVING CRIME? Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.
Eyewitness News
31 minutes ago
- Eyewitness News
Bushiris accuse witness who testified against them in extradition matter of hearsay
JOHANNESBURG - Self-proclaimed prophet, Shepherd Bushiri, and his wife, Mary, have accused the State witness who testified against them in their extradition matter of providing hearsay evidence. Gauteng Director of Public Prosecutions (DPP) Advocate Sibongile Mzinyathi took to the stand to testify against the two. In March, the couple was ordered to return to South Africa after they fled to Malawi in 2020, violating their bail conditions. But the Bushiris are now challenging this before the High Court in Lilongwe. In papers before the High Court in Lilongwe, Shepherd and Mary submitted that the State's only witness, Mzinyathi, gave hearsay evidence that was inadmissible in common law countries such as Malawi. They argued that Mzinyathi's reliance on investigators who also relied on the complainants makes the DPP's affidavit a third-hand one. They submitted that the South African government could only blame itself for withdrawing five other investigators as witnesses, as they would have been appropriate to take the stand. Therefore, they argued that Mzinyathi's evidence was inadmissible before the court. On this basis, the Bushiris submitted that South Africa's extradition request must be dismissed.
IOL News
2 hours ago
- IOL News
Community outraged as family suspects hate crime in murder of Durban Deep pupil Likhona Fose
Scores of community members of Durban Deep, Roodepoort, and anti-GBV organisations came out in their numbers to support the grieving family of 14-year-old Likhona Fose, who was brutally mutilated and killed in the area this past week. Image: Itumeleng English / Independent Newspapers City of Joburg Speaker, Nobuhle Mthembu and Executive Strategic Advisor to the MMC for Public Safety, David Tembe, visited the family of 14-year-old Likhona Fose, who was brutally murdered in Durban Deep, Roodepoort. Following the harrowing murder of 30-year-old Olorato Mongale, Joburg residents woke up on Sunday to news that Likhona's lifeless body was discovered by a passer-by in the veld in Durban Deep, on the West Rand, with her genitals removed. Reports indicate that the family suspects hate crime to be the motive in the murder of the Grade 8 pupil, who identified as a lesbian. Tembe, who was greeted to protesting community members and anti-GBV activists, extended his condolences to the bereaved family, stating: "Her tragic and brutal killing, suspected to be linked to occult practices, has shaken the community. The city stands with the family during this time of immense grief, reaffirming its commitment to fighting heinous crimes and protecting the most vulnerable." Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading Speaking to the grieving family, Mthembu decried the increase in the number of gender-based violence (GBV) cases in the country. "What laws need to be changed in this country so that we can feel protected? Every day, we wake up to something. Who must we apologise to so that this can stop? We can celebrate the country's democracy, but this democracy is not working for us women because we are the ones who are being killed," she said. MMC for Public Safety, Dr Mgcini Tshwaku, also extended his support to the family and the entire Durban Deep community, saying the city stands with them following Tembe's visit to the family. "We reaffirm our commitment to fighting heinous crimes and protecting the most vulnerable members of our society. The Strategic Advisor to the MMC for Public Safety, David Tembe, visited the family to offer support and condolences. The city will collaborate with law enforcement agencies to ensure a thorough investigation and bring perpetrators to justice," Tshwaku said.
