NPA petitions SCA on discharge of Ace Magashule's ex-PA Moroadi Cholota
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.
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