The ruling was delivered in the Free State division of the high court in Bloemfontein, where Judge Phillip Loubser dismissed the remaining grounds of Moroadi Cholota’s special plea, finding them without merit. The court further ruled that the state had successfully established jurisdiction to try Cholota.

The high court judgment follows a unanimous decision by the Constitutional Court of South Africa on 23 January. In that ruling, the apex court referred the matter back to the high court to adjudicate the outstanding grounds of the special plea. The Constitutional Court upheld the appeal lodged by the director of public prosecutions in the Free State, Adv. Navilla Somaru.

Importantly, the Constitutional Court also settled the contentious issue regarding the power and authority to formally initiate outgoing extradition requests in South Africa, providing clarity on a legal question that had been central to the dispute.

Cholota had raised the special plea in response to charges contained in the indictment before the high court. Among other arguments, she alleged that the state had lied or misrepresented information to a magistrates’ court in the United States during extradition proceedings.

Her legal representative, Adv. Loyiso Makapela told the court that Cholota was treated “like a criminal” because she had refused to implicate Magashule in the controversial asbestos roof removal project.

However, Judge Loubser rejected the arguments, ruling that the grounds advanced by the defence did not hold legal merit.

Prosecutors will now focus on presenting a “formidable case” to sustain the charges against all 18 accused when the trial resumes on 2 March, said NPA national spokesperson Adv. Mthunzi Mhaga.

Cholota, who was once expected to be a key state witness in the matter, is now among the accused, alongside her former boss. The charges stem from a failed R255 million asbestos roof eradication project initiated during Magashule’s tenure as premier of the Free State, a project that has become one of the province’s most significant corruption cases.

• Have a news tip to share? Phone or whatsapp the OFM News Hotline: 066 487 1427.

OFM News/Kekeletso Mosebetsi mvh