ConCourt to rule on State's extradition powers, court decision that set Cholota free

The Constitutional Court will on Friday morning hand down judgment on the State’s extradition powers and a High Court decision that set Ace Magashule’s former PA, Moroadi Cholota, free.

The judgment will cover Cholota’s case, where the Free State High Court found that it does not have jurisdiction to try her.

Cholota was extradited from the United States (US) in August 2024 to face corruption and money laundering charges linked to the Free State asbestos case involving Magashule and controversial tender tycoon Edwin Sodi.

When the Free State High Court set Cholota free in 2025, it relied heavily on a 2024 Supreme Court judgement which found in favour of Johnathan Schultz, a South African man accused of the theft and sale of raw metals who was living in America.

At the heart of both matters is whether the National Prosecuting Authority (NPA) has the power to make an extradition request or if that power lies with the international relations minister.

In Schult’s matter, the Supreme Court ruled that the power to make the request lies with the minister, even though the NPA had made such extradition requests for years.

In his judgment in the Cholota matter, Judge Phillip Loubser echoed this view, ruling that because the request for her extradition was made by the NPA’s Free State office, it was unlawful and the extradition itself was without basis.

The Constitutional Court will hand down a final judgment on this matter, determining whether Schults and Cholota will get to keep their freedom.