The Free State High Court has ruled that the extradition of Moroadi Cholota from the United States to South Africa, was unlawful.
Cholota, who is the former PA of former Free State Premier Ace Magashule, was brought to the country under heavy police guard to face charges related to the R255 asbestos trial.
But she challenged her extradition, arguing that the state only wanted to charge her after she refused to turn state witness and implicate her former boss, Magashule.
Presiding Judge Philip Loubser agreed with Cholota’s application.
“The extradition of Moroadi Cholota from the United States to the Republic of South Africa is unlawful.
“The South African Criminal Court does not have jurisdiction to try her on the offences she is charged with.
“As such this court is precluded from trying the offences she’s charged with as the unlawfulness of the extradition renders the jurisdiction of the South African Criminal Court void.
“Ms Cholota, you’re now free to leave,” ruled Loubser.
The judgment left Cholota in tears, as she took a moment to reflect about her legal challenges with the National Prosecuting Authority (NPA) which resulted in her bursary awarded by the Free State government in 2019 to the study at the Bay Atlantic University in Washington D.C. terminated after she refused to turn state witness.
Meanwhile, the NPA has expressed shock at the judgment and didn’t rule out appealing it.
“We’re taken aback by the judgment itself. You’ll recall the view that we held that it was more of an appeal in South Africa, on a foreign state judgment. However, because it is a judgment that has the effect of a final order, we are permitted to appeal it. But at the moment we’ll have to regroup as a team and reflect on the judgment and see if we can identify grounds upon which the judgment could be appealed, given its impact,” said NPA spokesperson Mthunzi Mhaga.
