Court rules Ace Magashule's assistant cannot be tried in asbestos case as her extradition is unlawful

The Bloemfontein High Court ruled that former Free State premier Ace Magashule’s personal assistant, Moroadi Cholota, cannot be tried in the R255 million asbestos case, as her extradition from the United States of America was unlawful.

Judge Philip Loubser on Tuesday found Cholota’s extradition was unlawful due to the lack of a lawful extradition request by the South African executive. “This court does not have the power to try you. You are free to leave,” the judge told Cholota.

Cholota was one of the 18 accused in the high-profile trial where the accused are facing a host of charges relating to alleged fraud, corruption, and money laundering. All of the accused had pleaded not guilty and vehemently denied any involvement in the allegations against them.

A trial-within-a-trial was held to establish whether Cholota’s extradition was lawful after she had contested it by way of a special plea.

The request for the extradition from the United States to South Africa was made by the Director of Public Prosecutions in the Free State.

The judge stated that this request was not lawfully executed and thus it is not valid. Cholota was studying in the United States at the time of her extradition.

The NPA, meanwhile, said it is studying the judgment.

zelda.venter@inl.co.za