Latest news with #R255-million
IOL News
6 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.
IOL News
03-06-2025
- General
- IOL News
NPA says overturned Cholota extradition will not affect Ace Magashule trial
The National Prosecuting Authority is considering its options after Moroadi Cholota's extradition was overturned Image: Supplied The National Prosecuting Authority (NPA) said the judgment by the Bloemfontein High Court in 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 in this matter and is 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 United States of America was unlawful. 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 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 the 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 vehemently denied any involvement in the allegations against them. Cholota was studying in the USA at the time of her extradition and 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.
eNCA
05-05-2025
- eNCA
Cholota trial within a trial begins
BLOEMFONTEIN - The asbestos corruption, fraud and money laundering case returns to the Free State High Court in Bloemfontein. Ace Magashule's former personal assistant Moroadi Cholota's trial within a trial is expected to begin. She's challenging the court's jurisdiction to hold her liable for criminal charges. Cholota will also argue why she claims her extradition from the US is unlawful. She is on trial alongside Magashule, businessman Edwin Sodi and others for an allegedly fraudulent R255-million tender.
eNCA
25-04-2025
- Politics
- eNCA
High Court grants Cholota application for trial-within-trial in asbestos case
BLOEMFONTEIN - The High Court in the Free State grants Moroadi Cholota application for trial-within-trial in the Free State asbestos case. Cholota wants to challenge court's jurisdiction and legality of extradition from United States. She argues the court has no jurisdiction to hold her criminally liable. Cholota also claims her extradition from the US was unlawful, saying she was tortured. She was extradited last August to stand trial alongside former Free State Premier Ace Magashule and others. They are accused of participating in a corrupt scheme linked to a R255-million asbestos tender.
eNCA
25-04-2025
- Politics
- eNCA
Ruling on Cholota's bid for trial-within-a-trial
FREE STATE - The Free State High Court will decide if a trial-within-a-trial is needed in the asbestos corruption case. Ace Magashule former PA Moroadi Cholota made the special plea yesterday. She argues the court has no jurisdiction to hold her criminally liable. Cholota also claims her extradition from the US was unlawful, saying she was tortured. She was extradited last August to stand trial alongside former Free State Premier Ace Magashule and others. They are accused of participating in a corrupt scheme linked to a R255-million asbestos tender.
