The National Prosecuting Authority (NPA) has welcomed a High Court ruling dismissing a special plea by former Free State premier Ace Magashule’s ex-assistant, Moroadi Cholota.
Image: NPA
The National Prosecuting Authority (NPA) has welcomed the dismissal of a special plea by former Free State premier Ace Magashule's ex-assistant, Moroadi Cholota, in the asbestos removal tender case before the Free State Division of the High Court, Bloemfontein.
Cholota had challenged the court’s jurisdiction to try her.
The decision follows a ruling delivered by the Constitutional Court on January 23, 2026.
In that ruling, the justices had remitted the matter to the High Court to adjudicate the remaining grounds of special plea, thereby upholding the appeal by the Director of Public Prosecutions (DPP), Free State Division, Advocate Navilla Somaru.
The Constitutional Court had also pronounced and settled the contentious issue of power and authority to formally make outgoing extradition requests in South Africa.
Cholota had raised a special plea in response to the charges contained in an indictment before the High Court.
Among other things, she argued that the state had lied or misrepresented certain information to the Magistrate's Court in the United States of America during the extradition proceedings.
However, Judge Phillip Loubser dismissed the remaining grounds and found that they had no merit while declaring that the state had proved that the court had jurisdiction to try Cholota.
Meanwhile, the National Director of Public Prosecutions (NDPP), Advocate Andy Mothibi commended the prosecution team for “meticulously” presenting persuasive arguments during the trial within a trial and before the Constitutional Court.
“Our prosecutorial arsenal continues to display their legal prowess that received affirmation at the apex Court, resulting in the fight against serious corruption being enhanced and the rule of law upheld.”
“We cannot allow impunity to reign supreme when we have a constitutional obligation to hold those accused of criminality accountable”, said Mothibi.
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