State prosecutors and investigators' conduct under scrutiny after Cholota extradition overturned

BLOEMFONTEIN - The conduct of State prosecutors and investigators in the asbestos corruption trial is under scrutiny after Ace Magashule’s former Personal Assistant, Moroadi Cholota, was let off on a technicality.

On Tuesday, the Bloemfontein High Court ruled Cholota’s extradition from the United States (US) in 2024 was unlawful and unconstitutional, after she accused the state of submitting falsified documents to United States (US) authorities.

Cholota’s special plea saw the court hear arguments in a trial within a trial about the lawfulness of the extradition and the court’s jurisdiction to try her alongside her former boss and 16 others in the R255 million corruption case.

Tuesday’s judgment means Cholota will now be removed from the indictment.

During the court ruling, Judge Phillip Loubser said, “Consequently, I have to find that the prosecution has not found reasonable doubt or at all that there was a valid or lawful request from South Africa for the extradition of Ms Cholota from the United States. It follows that if there was no valid extradition request, then the extradition itself was without any basis and, therefore, unlawful.”