NPA argues Moroadi Cholota’s challenge against US extradition ‘tantamount to an appeal’

The National Prosecuting Authority (NPA) has described the special plea filed by Moroadi Cholota, former personal assistant to ex-Free State premier Ace Magashule, as a veiled attempt to appeal her extradition.

Closing arguments in the trial-within-a-trial relating Cholota’s extradition are scheduled take place at the Free State High Court in Bloemfontein next week.

The matter relates to the R255 million asbestos tender corruption scandal, in which Cholota stands accused following her extradition from the United States (US).

Closing arguments in Free States asbestos trial-within-a-trial

On Thursday, the state concluded its case after Judge Philip Loubser asked whether Cholota’s legal representative, Loyiso Makapela, intended to call any witnesses.

However, Makapela declined.

This followed two weeks of testimony from state witnesses Benjamin Calitz and Nicholas “Nico” Jacobus Gerber, both officers with the Directorate for Priority Crime Investigation (DPCI), commonly known as the Hawks.

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The two had traveled to the US in 2021 to interview Cholota, who was initially a state witness, regarding emails that allegedly implicated her in the tender saga.

Now, both the state and the defence are set to present their closing arguments before Loubser on Monday.

NPA confident Moroadi Cholota’s special plea will fail

NPA national spokesperson Mthunzi Mhaga expressed confidence in the prosecution’s case.

“The two witnesses presented their evidence, after which they were cross-examined, and we take the view as the prosecution that nothing turned on it.

“The prosecutors and the defence counsel will be presenting their arguments on Monday,” he said.

READ MORE: Free State asbestos trial: State accused of ruining life of Magashule’s ex-PA Moroadi Cholota

Mhaga further argued that Cholota’s special plea was a disguised appeal against her extradition.

“We still take the view that this is tantamount to an appeal of the extradition order from the United States of America when they did not utilise or explore those avenues at that stage.

“They are now, in a way, asking this court to interfere or overturn the extradition order.

“We will be arguing meticulously to ensure that the special plea is dismissed, for we believe that this court has jurisdiction to hear the matter,” he concluded.

Moroadi Cholota challenges US extradition

This is not the first time Cholota has challenged her extradition.

She had initially contested a 7 June 2024 US court ruling allowing her extradition, but her appeal was unsuccessful.

Her application to South Africa’s Constitutional Court (ConCourt) on 26 July 2024 was dismissed for lacking urgency and not meeting the requirements for direct access.

Subsequently, Cholota’s attempt to have her charges dropped was rejected by the Free State High Court on 26 August.

Earlier this year, the same court dismissed her bid to have her arrest and extradition declared unlawful.

Cholota plans to appeal the 23 January ruling in the Supreme Court of Appeal (SCA).

She is currently out on R2 500 bail after spending nearly five months in custody between the US and South Africa.

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