NPA petitions SCA on Cholota jurisdiction plea
The National Prosecuting Authority has filed a petition with the Supreme Court of Appeal to challenge the Free State High Court ruling on Moroadi Cholota’s jurisdiction plea.
Judge Philip Loubser ruled that the extradition of the former personal assistant to former Free State premier Ace Magashule, in the multi-million-rand asbestos corruption case, was unlawful.
Cholota was brought in from the United States in August last year.
A warrant for her arrest had been issued for her when she allegedly refused to cooperate with the authorities.
Cholota challenged the lawfulness of her arrest, arguing that the extradition process was flawed and that the High Court did not have jurisdiction to try her.
Judge Loubser found that the state presented incorrect information to the US authorities.
The Supreme Court of Appeal previously found that the Minister for Justice, not the National Prosecuting Authority, had the power to make an extradition request.
“Two South African courts had already made this finding, and the US authorities relied on this information in good faith and actioned the extradition on an unknowingly unlawful basis,” said Judge Loubser in his ruling.
However, the NPA's Mthunzi Mhaga believes the judge erred in dismissing its appeal bid.
“ We are also exploring the possibility of approaching the Constitutional Court, challenging the same judgment in view of the possible far-reaching implications on many other extradition matters.”
ALSO READ:
