ConCourt sends Cholata's prosecution back to High Court

The Constitutional Court has remitted the case against Moroadi Cholota—the former personal assistant to Ace Magashule—back to the High Court. The apex court handed down a ruling on Friday in Cholota’s extradition case, in which the National Prosecuting Authority (NPA) was appealing a High Court ruling.

Last year, the High Court ruled that Cholota’s extradition from the United States was unlawful, setting her free. Cholota is one of the accused in the Free State asbestos scandal involving Magashule and controversial tender tycoon Edwin Sodi.

While delivering his first judgment in the Constitutional Court, Deputy Chief Justice Dunstan Mlambo agreed with a Supreme Court judgment that Moroadi Cholota’s extradition from the United States was unlawful, in that it was the NPA that applied for it and not a member of the executive as prescribed by the law.

However, he did not agree with the High Court’s judgment on the decision not to try her.

The court has now remitted Cholota’s case back to the Free State High Court for the special plea to continue. This will see Cholota’s lawyers continue to argue on why her prosecution should not continue.