Constitutional Court remits Moroadi Cholota case to High Court amid torture allegations

The case against Ace Magashule’s former personal assistant, Moroadi Cholota, will head back to the High Court where allegations of her torture and the conduct of police will take center stage.

On Friday, the Constitutional Court ruled that while Cholota’s extradition was unlawful, the High Court erred in refusing to prosecute her.

The court has sent the matter back to the Free State High Court for the other factors in Cholota’s special plea to be continued.

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Lawyers for Moroadi Cholota welcome ConCourt judgment on extradition lawfulness

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

In the unanimous judgment handed down by Deputy Chief Justice Dunstan Mlambo, the Constitutional Court highlights how Moroadi Cholota’s lawyers made a specific argument about the lawfulness of her arrest at the very end of their case, not affording the State an opportunity to respond. The State will now explore this argument and the allegation that Cholota was tortured to determine whether she should still be prosecuted.

Cholota’s lawyer, Piet Tibane, previously argued the merits of her special plea regarding her treatment.

On Monday, the main asbestos case involving Ace Magashule and tender tycoon Edwin Sodi was set down to resume in the Free State High Court. However, Cholota’s trial-within-a-trial on the lawfulness of her extradition and the conduct of the authorities is now likely to continue.