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The National Prosecuting Authority Head Office in Pretoria.
The National Prosecuting Authority (NPA) has filed a petition to the Supreme Court of Appeal (SCA) for leave to appeal the judgment of the Free State High Court regarding Moroadi Cholota.
Last month, Judge Phillip Loubser found that Cholota’s extradition from the USA was unlawful and ruled that South African courts do not have jurisdiction to try her as an accused in the R255 million asbestos roof removal case.
Cholota was the personal assistant of then Free State Premier Ace Magashule when the asbestos tender was allegedly illegally awarded in 2014.
The NPA is adamant that the court erred by applying the case law used to discharge Cholota from the case.
NPA spokesperson Mthunzi Mhaga says the NPA is also considering approaching the Constitutional Court.
VIDEO | The NPA applies for leave to appeal Moroadi Cholota’s extradition from the US ruling
“The petition to the SCA follows after Loubser J dismissed the NPA’s request for the Honourable Judge to reserve questions of law in terms of Section 319 of the Criminal Procedure Act. We are of the firm view that the Honourable Judge erred in dismissing the application for leave to appeal, that there are reasonable prospects of success to appeal the Cholota judgment and that there are compelling reasons for the SCA to hear the 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,” Mhaga elaborates.
VIDEO | NPA to study Judge Loubser’s judgment which deemed Cholota’s extradition as unlawful
