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Judge Phillip Loubser ruled that Ace Magashule's former personal assistant was 'free to leave'.
Moroadi Cholota ( former PA to former Free State premier Ace Magashule) appears at Bloemfontein High Court on 5 May 2025. Picture: Gallo Images/Mlungisi Louw
The National Prosecuting Authority (NPA) says it will return to the drawing board after Moroadi Cholota’s extradition from the United States (US) was declared unlawful.
On Tuesday, the Free State High Court in Bloemfontein ruled that it lacked jurisdiction to try Cholota on corruption charges.
Judge Phillip Loubser ruled that she was “free to leave”.
Cholota was one of 18 co-accused in the R255 million asbestos corruption case involving former Free State premier Ace Magashule.
The main trial is scheduled to resume on Wednesday.
NPA reacts to judgment on Moroadi Cholota’s extradition
NPA national spokesperson Mthunzi Mhaga expressed the authority’s surprise at the court’s decision, emphasising the state was of the view that Cholota’s special plea was a disguised appeal.
“We really are taken aback by the judgment itself because you’ll recall the view that we held that it was more of an appeal in South Africa on a foreign state judgment in circumstances where they had not utilised or explored the appeal processes in the United States,” he told the media.
Mhaga confirmed that the prosecution team would review the court’s ruling and consider further legal steps.
“At the moment, we’ll have to regroup as a team and reflect on the judgment and see if we can identify grounds upon which the judgment could be appealed, given its impact.”
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He maintained that the state remained confident in the integrity of its prosecution efforts.
“The feeling from the team was that the conduct was above board in the allegations that were made against the investigating officers.
“Unfortunately, the judge found otherwise and, therefore, it is one of the issues that we have to reflect on,” Mhaga said.
“If we find a basis which allowed so that the judgment could be appealed, that determination will be informed by that process.
“What is important for now is to reflect on it, process it because it is a judgment that has the effect of a final order because we cannot charge her now unless the decision is overturned by a higher court in the event that we take a decision to appeal it,” he explained.
NPA challenges SCA ruling
Mhaga also addressed the allegation that the state had made “misrepresentations” to US authorities.
“If you’re saying we must take accountability for the findings made by the judge in circumstances where I make it clear that we will still reflect on the judgment and see if there are grounds to appeal it, it’s not fair.”
He also noted that Loubser referenced a 2024 Supreme Court of Appeal (SCA) judgment concerning the extradition of South Africa-born artist Johnathan Schultz.
The SCA found that the NPA lacked the legal authority to request extradition, as that power resides with the Minister of Justice.
Mhaga revealed that the NPA has already moved to challenge that ruling.
“For the record, we have filed an application for leave to appeal against it in the Constitutional Court, albeit on limited grounds.”
He added that the prosecuting authority will consider the technicality to determine how much it influences the decision on whether or not to appeal the judgment.
