Latest news with #MoroadiCholota
News24
2 days ago
- Business
- News24
The Lead: Has the NPA messed up again? Karyn Maughan on why Ace Magashule's PA walked free
She's a free woman. Moroadi Cholota, the former assistant to then-Free State Premier Ace Magashule, has won her special plea against the National Prosecuting Authority. The Free State High Court in Bloemfontein declared her extradition from the United States 'unlawful' following a Supreme Court of Appeal ruling that only the justice minister may request extradition. The ruling leaves the NPA with a bloody nose, and many legal experts have warned that this trial-within-a-trial may have far-reaching consequences. To decipher what this all means, legal journalist Karyn Maughan joins us in this edition of The Lead. Later in the show, Graeme Raubenheimer discusses the AARTO Act's consequences for errant motorists and snow forecasts nationwide. You can now send a short voice note of 15 to 20 seconds with your questions or thoughts on this episode to our official The Lead WhatsApp line, that's: +27 72 562 3179. Mail your comments to thelead@ Editions drop Monday through Thursday at 19:00 on Spotify, Apple and YouTube. Listen on YouTube: Listen on Apple Podcasts:
IOL News
2 days 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case, the NPA failed to follow the correct procedure for extraditing her from the US, leading to the charges being withdrawn.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
2 days 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."
Daily Maverick
3 days ago
- General
- Daily Maverick
The NPA illustrates the rot within South African institutions
The decision by the Free State High Court to withdraw charges against Moroadi Cholota, the former assistant to former ANC secretary-general Ace Magashule, reveals the level of crisis within the NPA. But the NPA is just one example of a government institution in which officials either resist change or simply refuse to work, often aided by politicians. There will, no doubt, be several legal examinations of Tuesday's decision, in which Judge Phillip Loubser said his court had no authority to try former Free State premier Ace Magashule's former assistant, Moroadi Cholota, because the NPA had instituted her extradition from the US, while legally it should have been the Justice Ministry. While the legal correctness of this decision might be examined by higher courts, the public perception is likely to be dominated by a question of why legal technicalities matter so much. Of course, to lawyers, judges and the rule of law, they absolutely matter. But to many people, they are simply a way for people to avoid justice. The best example of this is former president Jacob Zuma, who has been able to avoid a fair trial since 2003. No accountability for the powerful The message this sends is that there is no accountability for those in power. But it also suggests that despite the reams of evidence heard at the Zondo commission, and the findings that it made, no convictions will come from it. For the moment, it seems that there is no big desire by voters to change our legal system, to remove some of the rights of those accused of wrongdoing. Considering our past, this is entirely legitimate. But if those in power continue to be able to avoid accountability, it is likely that first, trust in the justice system will continue to decline, and second, parties that propose limiting the rights of the accused will grow stronger. One of the important lessons from the NPA is that despite having independent leadership that appears determined to deliver justice, the institution itself is still very weak. The history of how the NPA was captured was being written almost in real time. People like Lawrence Mrwebi or Nomgcobo Jiba were in leadership positions there for many months. Both were found by the courts to be 'not fit and proper' for their positions. During the time they were there, it is likely that they packed the NPA with people who either supported their views or would never challenge their views. Ramaphosa But politicians have played an important role in keeping the NPA weak, too. Perhaps the person who has played the biggest role in weakening the NPA is President Cyril Ramaphosa. One of the important figures in the NPA during the State Capture period was the head of prosecutions in Johannesburg, Andrew Chauke. He was involved in delaying cases against former Gauteng Health MEC Brian Hlongwe and helped to bring a now debunked case against former KwaZulu-Natal Hawks Head Johann Booysen (Chauke has delivered a robust response to the claims against him, including in a TV interview with this writer). In 2023, National Director of Public Prosecutions Shamila Batohi formally asked Ramaphosa to suspend him from his position (under the law, only the President can suspend someone in this job). Two years later, Justice Minister Mmamoloko Kubayi said that the matter was at an 'advanced stage'. This is nonsense. If Ramaphosa really believed in the rule of law, and if he wanted a properly independent NPA, he would have suspended Chauke the moment he could. Worse for the NPA has been the Justice Ministry's refusal to share the Zondo commission database with it. Again, this must be deliberate. Even if there is some legal reason to make this difficult for the NPA, this would be for the courts hearing State Capture prosecutions to determine, not the Justice Ministry. However, it must be remembered that the situation at the NPA is repeated in many other institutions. Culture of resistance On Monday, the chair of the National Lotteries Commission, Barney Pityana, told 702's Bongani Bingwa about the difficulties he is facing in fixing the organisation, after the incredible corruption that happened there. Pityana appeared to be particularly critical of former Department of Trade, Industry and Competition minister Ebrahim Patel. One of his problems is that only the minister can appoint distributing agents to distribute funds, and the commission only had two or three when it should have had 11. As Pityana put it, 'For a long time, minister Patel was stuck with this appointment for reasons best known to him.' Pityana also said that within the organisation, 'There's internal resistance to some of the changes being made in the organisation, therefore compliance, we admit, has been a very difficult issue.' Pityana is almost pointing to a culture of people in important organisations that resist change. In some cases, it may simply be that they do not believe there is any reason for change. Or that workers in many government institutions feel that there is no reason for them to work, because it seems virtually impossible for them to be fired. The Sunday Times published an important report last weekend about the situation in Gauteng metros. It would appear that many permanently employed workers tell bosses that they can't be fired, and thus can't be forced to work. This culture has been evident in councils for many years. It could explain why services do not improve, whether it is a DA-led coalition taking over from an ANC-led coalition or the other way round. This toxic mix of a refusal by workers to change, and political interference (or so often just a refusal to act), may help to explain why so many institutions are not improving. Unfortunately, coalition politics is unlikely to make major changes. In institutions where this culture exists, workers may feel they can just outlast a new boss, knowing that they will still be there after she becomes frustrated and leaves. Ministers and others with political authority are likely to continue interfering or just doing nothing. This means that we can continue to expect the NPA, and so many institutions like it, to simply keep stumbling. DM
News24
3 days ago
- Business
- News24
Budget 3.0 on track; R900K accommodation for Mashatile: Today's top 7 stories in 7 minutes
News24 brings you the top 7 stories of the day. News24 brings you the top stories of the day, summarised into neat little packages. Read through quickly or listen to the articles via our customised text-to-speech feature. Mlungisi Louw/Gallo Images/Volksblad Asbestos tender trial postponed to 2026, frustrating Ace Magashule - The asbestos tender case involving former Free State premier Ace Magashule has been postponed to 26 January 2026, frustrating Magashule. - The postponement follows the State's request to appeal the court's ruling upholding Moroadi Cholota's special plea regarding her extradition. - Magashule expressed his dissatisfaction with the delay, questioning the State's readiness and citing the likelihood of further postponements. Land of the rising costs: R900 000 for accommodation for Mashatile, wife on R2.3m Japan trip - Deputy President Paul Mashatile's trip to Japan in March cost taxpayers R2.3 million, including over R900 000 for his and his wife's lodgings. - Mashatile's lavish spending on international trips, including a previous R5 million trip to Ireland and the UK, is under scrutiny following revelations about his opulent lifestyle. - ActionSA is questioning the high costs of executive travel, calculating that such expenses have already cost taxpayers over R184 million since July of last year. Phill Magakoe/Gallo Images Two young sisters in therapy after alleged sexual assault by motorsport executive - Two young sisters allegedly sexually assaulted by a motorsport executive are undergoing psychological and medical assessments. - The accused appeared in court on Wednesday, facing charges including rape, sexual assault and sexual grooming of a minor; the case was postponed to 13 August for further investigation. - The parents of the girls expressed their concern for their children's well-being and emphasised the importance of protecting children and listening to them when they speak up about abuse. 'Too aloof, too arrogant': MKP prepares to name new SG after Shivambu's reshuffle to Parly - Floyd Shivambu has been removed as the MK Party's secretary-general and will be redeployed to Parliament, reportedly due to 'sloppy' administration and his aloofness. - Phumlani Mfeka, a traditional leader and Jacob Zuma loyalist, is expected to be announced as the new secretary-general, having been personally lobbied by Zuma to join his party. - Busisiwe Mkhwebane and Bongani Baloyi were considered for the position, but Mfeka's influence with traditional leaders gave him more political weight within the party. Storm Simpson/News24 Budget 3.0 on track: Bonds extend gains as finance committee backs fiscal framework - South African lawmakers have backed the National Treasury's fiscal framework, signalling the annual Budget is likely to be approved. - The National Assembly's finance committee approved the framework, which outlines economic policy, revenue projections and spending limits. - South African bonds rallied following the news, with the benchmark government rand bond yield falling significantly. Rachel Kolisi's switch from Benz to Yaris sparks debate on humility, divorce and marriage law - Rachel Kolisi shared on Instagram about driving a borrowed Toyota Yaris instead of her Mercedes-Benz, sparking speculation about her financial situation post-separation from Siya Kolisi. - A legal expert clarified that without details of their divorce or marital property regime, it's unclear if Rachel's car choice reflects financial challenges or a personal decision. - South African divorce laws can lead to lifestyle adjustments for one spouse, depending on marital property arrangements, liability distribution or a spousal maintenance application.
