Written by Abigail Visagie

BLOEMFONTEIN - The Free State High Court in Bloemfontein delivered judgment in the trial within a trial ex-personal assistant to former Free State Premier, Ace Magashule.

 Moroadi Cholota on Tuesday, 3 June challenged her extradition from the United States of America (USA) to the Republic of South Africa (RSA) claiming that it was unlawful.

The court under the leadership of Judge Phillip Loubser, declared the extradition as unlawful saying that the court did not have the jurisdiction to try Cholota on the offenses that she had been accused of.

Loubser questioned whether the High Court had the jurisdiction to trial Cholota and responded that due to the state’s fabrication or misrepresentation to USA authorities, there was reasonable or probable cause for charges brought against Cholota.

Cholota then stated that fabrication or misrepresentation is retaliation by the state because she refused to implicate her former employer, Ace Magashule and therefore was threatened by the state that she would have to stand trial alongside Magashule but the state saw this threat as a fair warning.

“The state lied or misrepresented that Cholota was a fugitive from justice and that there were grounds for Cholota refusing to return to South Africa, this was all proven to be false on August 14, 2024,” Loubser said.

Loubser further stated that the court does not need to determine the request for the extradition as this was not done by the relevant minister in his capacity but rather by the National Prosecuting Authority (NPA).

Loubser finally declared that the extradition of Cholota from the USA to South Africa was done unlawfully and that the court did not have the jurisdiction to trial Cholota on charges of fraud, alternative fraud, and corruption offenses.

Cholota wept as she was set free to go by Judge Loubser.