NPA heads to SCA over Cholota ruling appeal
The National Prosecuting Authority (NPA) is set to petition the Supreme Court of Appeal (SCA) following a controversial dismissal by Judge Loubser of their application for leave to appeal.
The ruling has drawn attention as it relates to the jurisdictional authority of the Free State Division of the High Court to hear the case against Moraidi Cholota, who has been implicated in the ongoing asbestos scandal that has plagued the region.
The judgement, handed down by Loubser J, has been met with considerable concern from the prosecution team, which had urged the Honourable Judge to reserve pivotal questions of law for consideration by the SCA under Section 319 of the Criminal Procedure Act.
According to the NPA, the judge's decision not only undermined the legal process but also initiated a potential gap in justice surrounding the serious allegations presented in the case.
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