NPA vindicated by ConCourt judgement sending Cholota case back to court

The National Prosecuting Authority (NPA) said that it’s been vindicated by parts of the Constitutional Court judgement that has the case against Ace Magashule’s former PA, Moroadi Cholota, back in court.

On Friday, the apex handed down a judgement in which it agreed that Cholota’s extradition from the United States (US) was unlawful but set aside the decision by the Free State High Court not to prosecute her.

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ConCourt sends Cholata's prosecution back to High Court

Cholota, who faces corruption and money laundering charges linked to the Free State asbestos scandal, was extradited from the US, where she was studying in 2024.

In a unanimous judgement by the Constitutional Court read by Deputy Chief Justice Dunstan Mlambo, the court found that the Bloemfontein Hight Court erred in declining to exercise its discretion over Cholota on the mere basis that her extradition was unlawful.

The NPA has welcomed this ruling.

“For us, I think it is a vindication of our vigorous and legally sound argument that the matter should be heard before the High Court in Bloemfontein and as such, it has jurisdiction to hear the criminal matter,” said spokesperson Mthunzi Mhaga.

The NPA will now have to argue on the other factors raised by Cholota, including the claim that her extradition was malicious and that she was tortured by police who were desperate to have her extradited

LEGAL FEES

Cholota has appealed to South Africans to donate towards her legal fees as her battle against the State continues.

She is challenging the lawfulness of her extradition and argues that it was driven by malice because she refused to testify against Magashule.

The main asbestos trial, which involved Magashule and controversial tender tycoon Edwin Sodi, returns to the Free State High Court on Monday. However, Cholota’s plea is likely to take centre stage.

But after an almost two-year legal battle, she said her funds are running dry.

“And because of what I went through, I ask South Africans who had witnessed the fight for my freedom and for my rights to please support. I opened an account with Back a Buddy. I am begging the South Africans to please spot my back… because of what I am going through in this draining trial. The legal fees have accumulated, and we are talking millions that need to be covered.”