The ruling was delivered by Judge Phillip Loubser on Tuesday (3/6) morning during a trial-within-a-trial in the high-profile R255 million asbestos corruption case.

Loubser ruled South African authorities failed to follow lawful procedures when requesting Moroadi Cholota’s extradition from the United States. “Two South African courts have already made this finding and the USA authority relied on this information in good faith and actioned the extradition on an unknowingly, unlawful basis.”

‘Extradition based on false, incorrect information’

Cholota’s extradition was, according to Loubser, based on false and incorrect information presented to US authorities. As a result, the court lacked jurisdiction to try Cholota on the charges currently before it.

“The extradition of accused 17, Nomalanga Moradi Cholota, is unlawful. As such, this court is precluded from trying the offences she is charged with, as the unlawfulness of the extradition renders the restriction of the South African criminal court void.”

Cholota, who was once expected to be a key state witness in the asbestos case, became one of several accused, including her former boss. The charges relate to a failed R255 million asbestos roofing eradication project initiated during Magashule’s tenure as premier of the Free State.

In her plea, Cholota challenged what she called “unconstitutional charges” and asked for them to be dropped. She had submitted a nine-page letter to the court detailing what she described as harassment by both South African investigators and the FBI while she was residing in the United States.

Her advocate, Loyiso Makapela, argued the state failed to prove the legality of her extradition, stating due process was simply not followed. The extradition was fundamentally flawed and compromised Cholota’s right to a fair trial, he said.

Adv. Teneille Govender, representing Magashule, also addressed the role of South African authorities in securing Cholota’s extradition. Investigators deliberately involved the FBI during their dealings with Cholota, a claim that casts doubt on the integrity of the investigative process.

Cross-examinations of two witnesses were heard in recent sessions of the trial-within-a-trial, and both the state and the defence concluded their questioning before the judgment was delivered.

The NPA said it will specifically consider appealing the judgment because of its potential impact on the case against Cholota and on broader extradition processes.

NPA national spokesperson Adv. Mthunzi Mhaga said this judgment has no bearing on the trial against other accused that is expected to resume on 4 June 2025, as Cholota was an accused person and not a state witness.

He said the NPA remains confident in the strength of its case against the accused in this matter and is ready to proceed when the trial resumes.

OFM News/Kekeletso Mosebetsi cg