Latest news with #AceMagashule
The Herald
03-07-2025
- Politics
- The Herald
NPA petitions SCA on discharge of Ace Magashule's ex-PA Moroadi Cholota
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
Eyewitness News
03-07-2025
- Politics
- Eyewitness News
NPA could take bid to bring Cholota all the way to ConCourt
JOHANNESBURG - The National Prosecuting Authority (NPA) said it could take its bid to bring former Free State Premier Ace Magashule's ex-assistant Moroadi Cholotato all the way to the Constitutional Court. This is part of the NPA's plans to revive its corruption case against Cholota after suffering a legal blow at the Bloemfontein High Court in June. Cholota walked free on a technicality after the court ruled that her extradition from the United States (US) was unlawful and unconstitutional. The State's first attempt to challenge the judgment failed when the Bloemfontein High Court dismissed an application for leave to appeal. The NPA has now announced plans to take its petition to the Supreme Court of Appeal (SCA). The NPA said it believes Judge Phillip Loubster erred in dismissing the application for leave to appeal and that there are reasonable prospects of success to appeal at the SCA. Given the possible far-reaching implications on many other extradition matters, the NPA said it is also exploring the possibility of approaching the apex court, challenging the same judgment. The State believes Cholota is a key figure in the asbestos case and in holding her former boss, Ace Magashule, to account for the scam. Magashule and a dozen others will still face corruption and fraud charges in relation to the botched R255 million asbestos contract when the trial resumes in January.
News24
20-06-2025
- Politics
- News24
Which way for the NPA?
EDITORIAL: Which way for the NPA? The National Director of Public Prosecutions (NDPP), Shamila Batohi, faced an expectedly challenging appearance before the justice portfolio committee this week. While the National Prosecuting Authority (NPA) could draw some solace from last week's Supreme Court of Appeal (SCA) ruling in its favour in the Nulane case, significant concerns remain. Key issues include the NPA's mishandling of the rape case involving pastor Timothy Omotoso, as well as the Free State High Court's decision that the extradition of Moroadi Cholota - accused alongside former Free State Premier Ace Magashule in the asbestos corruption case - was unlawful. Adding to these concerns is the slow progress in prosecuting state capture cases, a point of criticism that continues to linger. With just six months remaining in Batohi's term before her expected retirement next year, questions are being raised about what lies ahead for the NPA. Notably, there has been little clarity or action from the Presidency on when the process to appoint her successor will begin. In this week's Friday Briefing, we examine the state of the NPA under Batohi's leadership. Has she delivered on her promises for reform since stepping into the role? News24's legal journalist, Karyn Maughan reflects on two cases where she argues the failure of NPA leadership to put out legal fires before they imploded fundamentally compromised the administration of justice. Casac's Lawson Naidoo explains why he believes the NPA has made some headway under Batohi's tenure. Additionally, News24's parliamentary reporter, Jan Gerber, evaluates Parliament's role in the NPA's challenges, including the impact of funding shortages on the institution. We also feature a Q&A with DA MP and former advocate Glynnis Breytenbach on what must be done to reshape the institution and restore its credibility. Lastly, advocate Lauren Kohn from the Law and Governance Academy of Southern Africa delves into the recent SCA Nulane judgment, shedding light on what it reveals about the current state of our judiciary. You can explore these perspectives and contributions in full below. Set up to fail or maliciously incompetent? What NPA losses tell us Despite high-profile court losses, prosecutions boss Shamila Batohi insists the National Prosecuting Authority (NPA) is doing a 'fantastic job'. But, Karyn Maughan writes that stance does not recognise how NPA leadership failures have jeopardised criminal accountability. here. Rebuilding justice: Nulane judgment offers redemption for the NPA While the NPA has issues that need addressing, it is difficult to agree with those who wish to portray the NPA as an institution in crisis, in need of a root and branch overhaul, argues Lawson Naidoo. Read the full contribution here. NPA crisis: A chronicle of a snafu foretold If you have been paying close attention to the National Prosecuting Authority's appearances before Parliament, as Jan Gerber has done, you wouldn't be surprised that the pawpaw has hit the fan at the prosecuting body. Read the full contribution here. Q&A with Glynnis Breytenbach | Saying NPA is 'doing a fantastic job' is 'bullsh*t' As scrutiny on the NPA intensifies after it bungled a number of high-profile cases, in-depth writer Muhammad Hussain speaks to DA MP and former prosecutor Glynnis Breytenbach on what it will take to turn the leaky ship around. Read the full contribution here. SCA Nulane judgment vindicates the rule of law and NPA's important work The real impediment to justice and equity was an affront to the rule of law perpetrated not by the National Prosecuting Authority in the Thabete case, but rather by the guardian of the rule of law itself, the judiciary – an affront that is now embodied for posterity in the Free State High Court's shockingly incorrect legal findings as set out in its judgment, writes Lauren Kohn.
The Herald
11-06-2025
- Politics
- The Herald
Ramaphosa to meet Batohi over NPA 'infiltration' claims
'I don't believe there is state capture now under way in the NPA. I believe there are really good prosecutors, those who are putting in a lot of effort and the number of cases are being prosecuted, and including those that came out of the Zondo commission.' Justice minister Mmamoloko Kubayi said Batohi had explained she had been inundated with allegations that cases, including high-profile ones, were being deliberately sabotaged. 'But what she is worrying about is allegations of prosecutors who are working with criminal networks to sabotage cases. So we would have to deal with it case by case. 'I said to her I will engage the head of state to look at what we can do [to] investigate those individuals. That we will have to do. It's not the entirety of the institution that is affected; it's not really infiltration,' she said. Kubayi said she told Batohi she would speak to Ramaphosa about her concerns with a view to possibly launching an investigation into prosecutors accused of working with criminals to bungle cases. The meeting between Kubayi and Batohi took place days after the NPA was dealt a blow in the case against former ANC secretary-general Ace Magashule when the court ruled the extradition from the US of his former PA Moroadi Cholota was invalid. This is one of several embarrassing defeats the NPA has suffered in high-profile cases, leading to concerns about the performance and preparedness of the prosecuting body when going to court. TimesLIVE
News24
08-06-2025
- Politics
- News24
NPA needs a shake-up
National Director of Public Prosecutions Shamila Batohi went on a media tour, trying to explain the litany of blunders by the National Prosecuting Authority (NPA) after yet another suspect has been set free after the institution bungled the case. Moroadi Cholota, the ex-personal assistant of former Free State premier and corruption accused Ace Magashule, walked free after the Bloemfontein High Court ruled it had no jurisdiction because her extradition from the US was unlawful. The court upheld a special plea Cholota raised on the NPA's decision to haul her back to South Africa, that the justice minister, instead of the NPA, should have applied for her extradition. READ: As NPA is under fire over Cholota, Batohi announces preparations for Gupta extraditions The NPA had failed to timeously challenge an earlier ruling involving Johnathan Schultz in the Supreme Court of Appeal (SCA) to this effect, and this created a precedent that could not be overruled by a lower court. In an embarrassing episode, the NPA earlier filed notice not to challenge the Schultz ruling, then later sought to withdraw it. Ruling in the Cholota matter, Judge Phillip Loubser said the NPA must have known about the Schultz matter and the precedent it would create. This was just the latest in a series of bungles by the NPA that has allowed many accused people to go free either on technicalities or due to the sheer incompetence of prosecutors, as the judge in the Timothy Omotoso case clearly pronounced. The Nigerian evangelist accused of raping young women from his South African church was acquitted of all charges. The prosecutors were accused of mishandling the case. In a TV interview, Batohi blamed rogue prosecutors in the NPA system, but insisted that the NPA was otherwise doing a great job. The facts do not bear her out and, as she leaves her post next year, her legacy will be declining faith in the NPA and the justice system in general. Besides the prominent political cases, South Africa has been in the throes of a debilitating wave of gender-based violence, with the murder of Olorato Mongale being the latest prominent case. The two thugs responsible for Mongale's murder had earlier been released by the courts on bail after being charged with a similar kidnapping and theft case. If we had a functional criminal justice system, those two would not have been on the streets and Olorato would probably still be alive. Therefore, we expect Batohi to do more than just join the public lamentation. She is in charge of the NPA and needs to fundamentally shake up how that institution works. The hideously high crime rate in this country demands an incredibly efficient prosecuting authority, but that is not what we have at the moment. As the president gears up to appoint a new NPA head, policymakers must start a conversation about how to strengthen the justice cluster, and the NPA in particular.
