The National Prosecuting Authority (NPA) is mulling its options following a judgement by the Free State Division of the High Court declaring that it has no jurisdiction to prosecute fraud accused Moroadi Cholota.
She, together with former Free State Premier Ace Magashule and controversial businessman Edwin Sodi, were one of the accused in the ongoing R255 million asbestos removal matter.
Cholota – who was the personal assistant to the Premier at the time the contract was given – was extradited back to South Africa by the NPA and subsequently challenged that extradition and the court’s jurisdiction to prosecute her.
The court based in Bloemfontein concurred with her argument.
“The NPA has noted the judgment delivered today…upholding Ms Cholota’s special plea of lack of jurisdiction. The NPA will specifically consider options to appeal considering the potential impact of the judgment in respect of the case against Ms Cholota, and broader extradition processes.
“It should be noted that this judgment has no bearing on the trial against other accused that is expected to resume on 4 June 2025 as Ms Cholota was an accused person and not a state witness. 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.
“The Members of the prosecuting team always acted with the highest standards of ethical conduct, guided by the evidence and information available at any given time,” NPA spokesperson Advocate Mthunzi Mhaga said.
Meanwhile, Mhaga said the NPA welcomes the judgement delivered in the long running corruption, fraud, money laundering and racketeering matter related to French arms corporation, Thales and co-accused Former President Jacob Zuma.
The KwaZulu-Natal Division of the High Court in Pietermaritzburg dismissed the former President and Thales’ application for a permanent stay of prosecution.
“We hope that this paves the way for the resumption of the protracted trial which has been plagued by many interlocutory applications that had the undesirable effect of delaying the trial.
“The NPA feels vindicated by the dismissal as we held the view that the application had no merit in view of the matters having been previously pronounced upon by the same court,” Mhaga said. – SAnews.gov.za
