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IOL News
18 hours ago
- Politics
- IOL News
Is the NPA failing South Africa? A deep dive into incompetence and corruption
The Bloemfontein High Court found that Moroadi Cholota's extradition to South Africa from the US was illegal. Image: Dimpho Maja / Independent Newspapers The National Prosecuting Authority (NPA) is facing a crisis of credibility, with a string of failed cases and allegations of incompetence and corruption. The recent decision by the Free State High Court to withdraw charges against Moroadi Cholota, the former assistant to former ANC secretary-general Ace Magashule, has highlighted the NPA's struggles. According to legal experts and political commentators, the NPA's challenges are deep-seated and multifaceted. According to Richard Spoor, a legal expert, the NPA's problems are rooted in a lack of leadership, inadequate resources, and a failure to retain skilled personnel. In the Cholota case, the NPA failed to follow the correct procedure for extraditing her from the US, leading to the charges being withdrawn. In other cases, such as the Koko and Nulane cases, the NPA has been accused of failing to secure cooperation from key witnesses. In October 2022, Matshela Koko and seven other people, including members of his family, were arrested on corruption charges relating to an Eskom contract. He was accused of soliciting bribes from Eskom contractors, who received lucrative contracts at Kusile Power Station. He was released a year later, and the court ruled that there was an unreasonable delay on the part of the State to proceed with the trial. Iqbal Sharma, the head of Nulane Investments, was also acquitted by Bloemfontein High Court Judge Nompumelelo Gusha, who said both the police and the NPA had been inept in their handling of the Nulane Investments fraud and money laundering case they had been facing. The NPA's failures have also been highlighted in several high-profile cases. In the case of former president Jacob Zuma, the authority has been accused of delaying and hindering prosecution. In Duduzane Zuma's case, the NPA's case collapsed due to a lack of evidence. The authority is currently pursuing an appeal against Nigerian pastor Tim Omotoso, who faced trial for approximately eight years on allegations of rape. Omotoso was acquitted after the NPA could not prove beyond a reasonable doubt that he was complicit, leaving the South African public outraged. NPA national spokesperson Mthunzi Mhaga did not respond to questions on what challenges the authority had or whether there was a lack of political support. However, responding to questions from journalists after the Cholota case, he said the NPA was "taken aback by the judgment" because the NPA believed Cholota and her lawyers were effectively appealing against the United States judgment, which permitted her extradition from there. Experts believe the NPA's problems are exacerbated by a lack of political will to support the institution. Spoor said the ruling by the Free State High Court on Cholota's extradition highlighted a consistent pattern of failure on the NPA to prosecute high-level corruption cases effectively. "The underlying reason for the ruling is that her extradition from the US was not done in accordance with international law in that the wrong procedure was followed because the request should have been made by the national Department of International Relations and Cooperation, not by the provincial authorities as has happened in this case," Spoor said. He added that the National Director of Public Prosecutions charged Cholota with offences other than the offence for which she was extradited. "This violates the so-called 'speciality principle' which is designed to protect the rights of the extradited person and to uphold the integrity of the extradition process. There are also suggestions that the NDPP lied when it made representations to the US authorities," Spoor said. Political analyst Professor Sipho Seepe said the NPA's failures have given the impression that the institution has been weaponised against certain individuals. "The NPA has not displayed the same appetite for prosecuting cases where a prima facie case has been established," Seepe said. "Bungling the NPA undermines the entire criminal justice system. This has given the impression that the institution has been weaponised against individuals who are regarded as a problem by the current political administration. "Former Chief Justice Zondo is the latest to express himself on Phala Phala, pointing out that Ramaphosa should have resigned. Advocate Ngalwana SC has pronounced himself much earlier on the subject. "The same NPA was eager to frivolously charge the likes of Carl Niehaus for violating the Covid-19 regulations… We know for a fact that it did the same when it targeted Duduzane Zuma. The case against him collapsed," Seepe said. He added: "The Koko case, the Nulane case, and that of Cholota give credence to an institution that has allowed itself to be embroiled in the factional battles of the ANC… Ordinarily, such repeated bungling should have led to the resignation of the individuals involved. Alternatively, they should have been fired." Experts contend that the NPA's problems are systemic and require a comprehensive solution. Sandile Swana, a political analyst, said the NPA's problems are rooted in corruption and incompetence. "The NPA, province by province, a significant number of prosecutors are corrupt," Swana said. "In other words, they are easily manipulated by powerful professionals, well-managed criminals, and criminal syndicates." He added that coordination between detectives and the NPA is substandard. "The engagement between the SAPS and the NPA prosecutors long before anybody is charged should test the quality of charges, the quality of any submissions that should be made," he said. He added that the quality of personnel the NPA possesses, including its leader, Shamila Batohi, was below the standard that is required to prosecute crime successfully in South Africa. [email protected] [email protected]
IOL News
a day ago
- Politics
- IOL News
'Apartheid Tactics' - Cholota's lawyer slams State after court declares her extradition unlawful
iol A South African court has ruled Moroadi Cholota's extradition from the US unlawful. Her lawyer called the arrest 'an abuse of power,' saying she was targeted for refusing to implicate Ace Magashule in the R255m asbestos case. Image: NPA and Oupa Mokoena "We have always said that the conduct of the State was unlawful and unfair." These were the sentiments of Piet Thabane, attorney for Moroadi Cholota, Ace Magashule's assistant, who won her legal battle in the R255 million Free State Asbestos case. The court recently ruled that Cholota's extradition from the United States of America (USA) was unlawful. The 37-year-old was arrested in the US in April 2024, where she was kept in police custody and extradited to South Africa in August 2024. She was charged with fraud and corruption in the R255 million Free State asbestos roofing case. The final year political science student was kept in police custody for seven days and released on R2,500 bail in the Bloemfontein Magistrate's Court in August 2024. Shortly after being released on bail, Cholota launched an urgent application against the National Prosecuting Authority (NPA) to dismiss the charges against her and to declare her extradition unlawful, which was subsequently dismissed. In her founding affidavit, Cholota claimed that the NPA's intention has always been to 'degrade, humiliate and inflict cruel punishment on me for what the State deems as a failure to co-operate with it'. 'As I stated previously, the Asbestos Project has been investigated at length by other State agencies over and above the State Capture Commission, such as the Public Protector, the Special Investigating Unit, and the Auditor General. 'In none of these reports was I ever mentioned, let alone implicated.' 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 ✕ Speaking to IOL, Thabane said Cholota's arrest and extradition were an abuse of power. "The main reason she was subjected to this unfair treatment was because she refused to implicate her boss, the former Premier Magashule." This week, the court ruled that it had no jurisdiction to try Cholota as her extradition from the United States of America was unlawful. Thabane said during the trial-with-a-trial, the State called two witnesses who had nothing to do with the extradition. "We did not present new facts, but the State failed to meet the minimum standard of proving their case." He described Cholota's arrest in the US as an apartheid tactic. "They thought they could intimidate her." Thabane said his client is relieved and vindicated. "It has been over a year since she has been dealing with this. But it is far from over. We are considering various options because my client's Constitutional Rights were grossly violated." When asked if she would be going back to the US to complete her political studies at Maryland University, Thabane said it was still early days. Thabane said he was aware that the NPA intended to appeal the matter and welcomed the decision. "They will only embarrass themselves."
Eyewitness News
2 days ago
- General
- Eyewitness News
State to appeal ruling on Moroadi Cholota's extradition from US
JOHANNESBURG - The State in the Free State asbestos trial has confirmed that it plans to appeal the Bloemfontein High Court judgment that overturned Moroadi Cholota's extradition from the US. Cholota, who is the former personal assistant of former Free State Premier Ace Magashule, was let off on a technicality when the court ruled that her 2024 extradition was unlawful and unconstitutional on Tuesday. Before then, she was among more than a dozen accused facing corruption charges in the R255 million asbestos case. ALSO READ: • Lawyer says it's up to Moroadi Cholota on whether she'll sue State for her unlawful extradition from US • FS asbestos corruption trial resumes in court without Cholota • State prosecutors and investigators' conduct under scrutiny after Cholota extradition overturned At the start of Wednesday's proceedings, State prosecutor, Advocate Johan de Nysschen, asked for another postponement to deal with the possible appeal. "The prima facie view is that we shall appeal this judgment, either by joining the Schultz matter, which is already before the Constitutional Court, or by approaching the SCA because we are of the view that the facts of this matter and the Schultz matter differ, so the Supreme Court of Appeal could come to a different conclusion in this matter." A frustrated Magashule stood up before court and protested the request. "The State has been saying it's ready but every time there is a postponement. It looks like we don't have rights because even next year, there will be postponements."
The Citizen
2 days ago
- Business
- The Citizen
‘Nothing I can do about it,' Judge tells Magashule as Free State asbestos trial postponed again
The trial was postponed to January next year. Ex-Free State premier Ace Magashule and his former assistant, Moroadi Cholota, at Bloemfontein High Court on 23 April 2025. Picture: Gallo Images/Mlungisi Louw The Free State asbestos corruption trial has faced another delay, as the state intends to appeal a ruling that allowed Moroadi Cholota to walk free. The trial resumed on Wednesday at the Free State High Court in Bloemfontein, following Judge Philip Loubser's ruling a day earlier that upheld Cholota's special plea. Cholota had challenged the court's jurisdiction on the basis that her extradition from the United States (US) was unlawful. The ruling favouring ex-Free State premier Ace Magashule's former personal assistant means she won't stand trial for corruption alongside 17 others accused in the R255 million asbestos tender scandal. State to appeal Moroadi Cholota judgement During Wednesday's proceedings, state prosecutor Advocate Johan de Nysschen notified the court of the state's intention to appeal. 'The prima facie view is that we shall appeal this judgement,' De Nysschen said. The prosecutor explained that, as a first option, the state may align its appeal with a case currently before the Constitutional Court (ConCourt). That case stems from a 2024 Supreme Court of Appeal (SCA) ruling involving the extradition of South African-born artist Johnathan Schultz, in which the appellant court found that the National Prosecuting Authority (NPA) lacked the legal authority to initiate extradition requests, stating that this power rested with the minister of Justice. ALSO READ: NPA 'taken aback' over Moroadi Cholota extradition ruling, hints at appeal The NPA is currently challenging the Schultz ruling. Alternatively, the state may proceed with a direct appeal of the Cholota judgement to the SCA. 'We are of the view that the facts in this matter and the Schultz matter differ, so the Supreme Court of Appeal could come to another decision in this matter.' Watch the proceedings below: Potential complications in Free State asbestos trial De Nysschen requested a postponement until Friday, 13 June, to allow the state to study the judgement and prepare an application for leave to appeal. 'We will bring a complete and thorough application for leave to appeal very shortly. We cannot do that without a postponement. 'It was contemplated that we might continue with the trial against the rest of the accused, but the problem is that in our view, accused 17 [Cholota] forms an integral part of the bigger case,' the prosecutor said. READ: Free State asbestos trial: State accused of ruining life of Magashule's ex-PA Moroadi Cholota He stressed that proceeding without Cholota would complicate matters. Should the appeal succeed, she could be reintegrated into the case. However, if evidence is led before that, a separate trial would be required. 'We will have to prosecute her in a separate trial, which is not conducive. It has huge cost implications and so forth.' Magashule complains as Free State asbestos trial postponed Loubser reviewed the case schedule and proposed that the trial be conducted during the first and early second terms of 2026. 'It is important for me to make progress with this case and show some sort of progress by the end of the year at least, but we will see if we can do so.' A visibly frustrated Magashule then addressed the court to voice concerns over the ongoing delays. 'The state has always been saying they are ready. It looks like we don't have rights,' he said. The former Free State premier added that the repeated postponements were 'costly' for himself and his co-accused. In response, the judge acknowledged the frustration but pointed to logistical constraints. READ MORE: 'What if she went on holiday': Hawks investigator grilled on 'surprise' US trip for Magashule's ex-PA He highlighted that both he and the defence lawyers have other work commitments. 'There's absolutely nothing I can do about it, but I take note of what you are saying,' he told Magashule. Loubser proposed that the trial should be pursued in the first and second terms of 2026, starting on 19 January and ending on 26 March. The second term starts on 13 April and ends on 19 June. He stressed that there was significant pressure to bring the asbestos trial to a conclusion, as it had been ongoing for an unreasonably long time. 'This trial cannot go on for the next 10 years. I won't allow it, so we will have to make amends where necessary,' Loubser said. The case was postponed to 26 January 2026, with the state's appeal expected to be heard next week. 'I realise it's a bit early, but may you all have a happy Christmas,' Loubser jokingly said.
IOL News
2 days ago
- General
- IOL News
Overturned Cholota extradition will not affect Ace Magashule asbestos trial
The National Prosecuting Authority is considering its options after Moroadi Cholota's extradition was overturned Image: Supplied The National Prosecuting Authority (NPA) says the Bloemfontein High Court judgment upholding Moroadi Cholota's special plea of lack of jurisdiction will not impact the trial of the rest of the accused. It will meanwhile consider its options, including possibly appealing against the judgment. 'The NPA will specifically consider options to appeal considering the potential impact of the judgment in respect of the case against Ms Cholota, and broader extradition processes,' NPA spokesperson Mthunzi Mhaga said. He explained that it should be noted that this judgment has no bearing on the trial against the other accused that is expected to resume on Wednesday (June 4) as Cholota was an accused person and not a state witness. The NPA remains confident in the strength of its case against the accused and said it was ready to proceed when the trial resumes. 'The members of the prosecuting team always acted with the highest standards of ethical conduct, guided by the evidence and information available at any given time,' Mhaga said. The court found on Tuesday that it has no jurisdiction to try the former Free State premier Ace Magashule's personal assistant in the R255-million asbestos case, as her extradition from the US was unlawful. The judge upheld her special plea regarding the asbestos removal tender following a trial-within-a trial to ascertain whether Cholota's extradition process by the South African authorities was done lawfully. While a Free State director of Public Prosecutions applied for Cholota's extradition, Judge Philip Loubser found that this power lies with the Justice Minister and with the National Prosecuting Authority. Thus, he said, the extradition was not done lawfully and it is not valid. 'This court does not have the power to try you. You are free to leave,' the judge told Cholota. Cholota was one of 18 accused in the high-profile trial where the accused are facing a host of charges relating to alleged fraud, corruption and money laundering. All of the accused had pleaded not guilty and denied any involvement in the allegations against them. Cholota was studying in the US at the time of her extradition and was at first regarded as a state witness, before it was decided to add her as accused no 17 to the criminal trial. In challenging her extradition, Cholota claimed that the State had lied or misrepresented to the US authorities that there was a case for her to answer in South Africa. In delivering his judgment, Judge Loubser said there was no need to go into these arguments, as he found the extradition process was wrong in law. The only two witnesses who testified during the extradition challenge were Hawks officials. The Cholota camp did not call any witnesses.
