The Free State High Court has ruled that Moroadi Cholota’s extradition from the United States to South Africa was carried out unlawfully.
Court rules Moroadi Cholota’s extradition unlawful
This ruling has serious consequences for the case against her in the R255 million asbestos corruption scandal, where she was set to be tried alongside former Free State Premier Ace Magashule.
Judge Phillip Loubser delivered the judgment during a trial-within-a-trial, a special type of legal process used to resolve certain issues before the main trial continues.
The judge said that the proper legal steps for bringing Cholota back to South Africa were not followed.
“The extradition of Ms Cholota from the USA to the Republic of South Africa is declared to have been done unlawfully for want of a valid and lawful request for her extradition by the South African executive power,” Judge Loubser stated.
This means that South Africa’s government did not properly request her extradition under international law. As a result, the court does not have the authority to try her for the charges she faces in this matter.
Cholota, who once served as a personal assistant to Magashule, had claimed that she was brought to South Africa under false pretenses. According to her legal team, State prosecutors and police investigators lied to US authorities to get her extradited.
These lies included claims that she would not return to South Africa voluntarily and had links to Kenya, suggesting she might flee again.
During court proceedings, Cholota’s defence argued that she had responded to communications from South African authorities and had even met with police in the United States.
This, they said, showed that she was not hiding or avoiding prosecution.
Judge Loubser said the State had admitted to some of the false information used in the extradition request.
“This court does not have the jurisdiction to try Ms Cholota on the offences she is charged with,” he ruled.
Cholota left court in tears, visibly relieved, and was surrounded by her family.
She had been facing five charges, including fraud and corruption, linked to a scandal where money meant to remove harmful asbestos roofs from poor communities was allegedly misused.
Cholota’s name emerged during the State Capture Commission of Inquiry, where she was found to have helped arrange funding for various projects under questionable circumstances.
The asbestos case also involves several high-profile figures, including businessman Edwin Sodi and former government officials. However, with this court decision, Cholota will not face trial unless the extradition process is redone lawfully.
The ruling could influence how the rest of the asbestos trial unfolds, especially since Cholota was seen as a key figure in the investigation.
For now, her part in the trial is on hold unless a new legal process is initiated.
