By Lehlohonolo Lehana.
@GalloImages.
The Bloemfotein High Court has ruled that Moroadi Cholota’s extradition from the United States was unlawful and she cannot be tried in the R255-million asbestos case.
Cholota challenged the legality of her extradition from United States. She argued the court had no jurisdiction to hold her criminally liable.
In 2019, Cholota spilled the beans about the asbestos contract, before the State Capture Commission into State Capture.
Cholota’s testimony before the commission revealed much about the intermediary role she played in requesting financial favours from people like the slain Igo Mpambani, on behalf of her boss, former Free State Premier Ace Magashule.
She was summoned to appear before the commission after being singled out by the former MEC of Economic Development in the Free State Mxolisi Dukwana, as one of the staffers who was privy to Magashule’s shady dealings with Mpambani.
Cholota was arrested in the US on 12 April 2024 and brought to court. A US court heard that South African authorities had charged her with four counts of fraud and five counts of corruption, in violation of the Prevention and Combating of Corrupt Activities Act.
Cholota’s extradition was approved on 7 June by Judge Erin Aslan of the Maryland District Court.
In this judgment, Aslan pointed out: “Cholota is alleged to have knowingly engaged in this scheme by using her government position to facilitate corrupt financial transactions.”
Cholota is one of the accused, alongside Magashule in the asbestos scandal, which included charges of fraud, corruption, theft and racketeering. She faces five charges, which include fraud and corruption stemming from the scandal.
These charges stem from a contract awarded in 2014 by the Free State department of human settlements to a joint venture between Diamond Hill Trading and Blackhead Consulting.
The other co-accused are businessman Edwin Sodi, former director-general of national Department of Housing Thabane Zulu, as well as Nthimotse Mokhesi, Mahlomola Matlakala, Sello Radebe, Adel Kgotso Manyeki, Nozipho Molikoe, Albertus Venter, Margaret-Ann Diedericks and former MEC and Mangaung mayor Olly Mlamleli.
Judge Philip Loubser, who is presiding over the asbestos corruption trial, handed down his judgment on Tuesday.
Loubser said that the State conceded to some of the falsehoods used to secure Cholota’s extradition.
“I make the following order: the extradition of Cholota from the United States to South Africa is found to have been done unlawfully for want of a valid request for her extradition by the South African executive.”
While Cholota was initially charged with corruption, fraud and money laundering, the last two charges were withdrawn by the state.
The judge said Cholota will not be entitled to demand that she be acquitted or convicted on the withdrawn charges because she had pleaded to them.
Cholota had claimed that she was charged for refusing to implicate Magashule.
He, therefore, ruled that the court cannot try Cholota and granted the special plea. “The unlawfulness of the extradition renders the jurisdiction of the South African criminal court void.”
The Judge pointed out that the State had two months to correct this anomaly after the SCA made the ruling, but it opted to proceed with the flawed extradition process, which is against the constitution and the statutes around extradition of wanted individuals.
It now remains to be seen whether the latest developments will have any impact on the Magashule corruption trial or not.
Cholota left in tears of joy and relief, surrounded by family.
Cholota’s lawyer, Piet Tibane, says they will take advice from her on the next steps in relation to her unlawful extradition from the US to be tried in South Africa alongside Magashule, in the asbestos corruption case.
NPA spokesperson Mthunzi Mhaga says they are taken aback by Judge Loubser’s ruling that Cholota’s extradition was unlawful and she cannot be tried in the asbestos corruption trial. He added that they will now regroup and decide on whether to appeal the judgment or not.