The National Prosecuting Authority (NPA) has filed a petition with the Supreme Court of Appeal (SCA) for leave to appeal the judgment delivered in the Free State High Court regarding Moroadi Cholota’s special plea on the lack of the court's jurisdiction in the asbestos case.
Last month Cholota successfully challenged her extradition from the US to testify in the corruption trial where her former boss, former Free State premier Ace Magashule, is one of the accused.
The NPA initially filed for Cholota, who was studying in the US, to be extradited in 2022 after linking her to the corruption case. After her extradition, Cholota was included in the case as an accused. However, judge Phillip Loubser said Cholota's extradition was unlawful and the court was precluded from trying the offences she was charged with. She was then discharged.
“The petition to the SCA follows after judge Loubser dismissed the NPA’s request for the judge to reserve questions of law in terms of the Criminal Procedure Act,” NPA spokesperson Mthunzi Mhaga said.
He said the NPA believed the judge erred in dismissing the application for leave to appeal, there were reasonable prospects of success to appeal the judgment and there were compelling reasons for the SCA to hear the state's appeal.
“We are also exploring the possibility of approaching the Constitutional Court, challenging the same judgment, given the possible far-reaching implications on many other extradition matters.”
TimesLIVE reported the charges Cholota was facing related to a R255m asbestos contract awarded about six years ago by the Free State department of human settlements to the Blackhead Consulting joint venture to audit, assess and remove asbestos from homes in some of the Free State’s poorest areas.
TimesLIVE
NPA petitions SCA on discharge of Ace Magashule's ex-PA Moroadi Cholota
Image: NPA Media
The National Prosecuting Authority (NPA) has filed a petition with the Supreme Court of Appeal (SCA) for leave to appeal the judgment delivered in the Free State High Court regarding Moroadi Cholota’s special plea on the lack of the court's jurisdiction in the asbestos case.
Last month Cholota successfully challenged her extradition from the US to testify in the corruption trial where her former boss, former Free State premier Ace Magashule, is one of the accused.
The NPA initially filed for Cholota, who was studying in the US, to be extradited in 2022 after linking her to the corruption case. After her extradition, Cholota was included in the case as an accused. However, judge Phillip Loubser said Cholota's extradition was unlawful and the court was precluded from trying the offences she was charged with. She was then discharged.
“The petition to the SCA follows after judge Loubser dismissed the NPA’s request for the judge to reserve questions of law in terms of the Criminal Procedure Act,” NPA spokesperson Mthunzi Mhaga said.
He said the NPA believed the judge erred in dismissing the application for leave to appeal, there were reasonable prospects of success to appeal the judgment and there were compelling reasons for the SCA to hear the state's appeal.
“We are also exploring the possibility of approaching the Constitutional Court, challenging the same judgment, given the possible far-reaching implications on many other extradition matters.”
TimesLIVE reported the charges Cholota was facing related to a R255m asbestos contract awarded about six years ago by the Free State department of human settlements to the Blackhead Consulting joint venture to audit, assess and remove asbestos from homes in some of the Free State’s poorest areas.
TimesLIVE
MORE:
‘Selective and politically motivated’: MK Party slams arrest of Molefe, Gama
IN PICS | A walk through the Guptas' properties before auction day
Ramaphosa to meet Batohi over NPA 'infiltration' claims
'South Africans are going to know the truth' — Magashule
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Most read
Latest Videos