3 days ago
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
