In a dramatic legal twist, South Africa’s National Prosecuting Authority (NPA) has launched an appeal to overturn a high court ruling that declared the extradition of Moroadi Cholota—former aide to ex-Free State Premier Ace Magashule—unlawful.
The move comes after Judge Phillip Loubser of the Free State High Court ruled on June 3 that the NPA had no legal standing to request Cholota’s extradition from the United States, citing a 2024 Supreme Court of Appeal decision in the Schulz case. That precedent affirmed that only the Minister of Justice is empowered to initiate extradition proceedings.
A Case of Misrepresentation?
In a damning finding, Judge Loubser concluded that the state misrepresented Cholota as a fugitive, a key factor that led to her improper extradition. The court also dismissed charges against her in the high-profile R255 million asbestos corruption case, which includes Magashule and several co-accused.
NPA Strikes Back
The NPA, refusing to accept the ruling, filed an urgent application for leave to appeal, now being heard today—Friday, June 13—in the same court. Prosecutors argue that Judge Loubser misinterpreted the law, claiming Cholota’s case differs materially from the Schulz precedent.
“The NPA maintains that Cholota remains a key figure in uncovering the full extent of the asbestos fraud,” a spokesperson said, adding that the authority is “committed to justice and clarity in this matter.”
What’s at Stake?
If the NPA’s appeal is unsuccessful, it could fracture the broader trial, forcing the state to pursue a separate case against Cholota—a move that would likely delay proceedings and complicate prosecution strategy.
Despite this legal hurdle, the NPA has expressed confidence in its core case, with the main trial against Magashule and others scheduled to resume in 2026.
