ConCourt finds Moradi Cholota’s extradition was unlawful

Moroadi Cholota who is former PA of then Free State Premier, Ace Magashule

The Constitutional Court has found that the extradition of Moroadi Cholota, the former personal assistant to Ace Magashule, was unlawful.

Cholota was extradited from the United States in 2024 to face corruption and money laundering charges linked to the Free State asbestos case.

The Constitutional Court has found that only the Minister of Justice has the power to make the extradition request and not the NPA.

Deputy Chief Justice Dunstan Mlambo delivered the judgment.

“The national prosecuting authority has the power to prepare, draft, and submit to the national executive extradition requests for the national executive to make such requests to a foreign state. B, only the national executive has the power to make extradition requests to foreign states. C, the respondent’s extradition from the United States of America to the Republic of South Africa was unlawful on the basis that the extradition request was authorised by the applicant or an official within the national prosecuting authority rather than the national executive.”

WATCH | The Constitutional Court has upheld that Moroadi Cholota’s extradition from the United States was unlawful, confirming the earlier Free State High Court ruling. Canny Maphanga reports. pic.twitter.com/X88nov2eNm

— SABC News (@SABCNews) January 23, 2026