Court to hear Cholota’s bid to appeal asbestos prosecution

The Free State High Court will on Monday hear Moroadi Cholota’s application for leave to appeal the dismissal of her bid not to be prosecuted in the R255 million asbestos roof removal case.
In February, the High Court found that the state had proven beyond a reasonable doubt that it did not misrepresent facts when applying to the United States authorities for Cholota’s extradition.
This despite both the High Court and the Constitutional Court finding that her extradition was unlawful, as the National Prosecuting Authority (NPA) failed to follow the correct procedures in bringing her back to South Africa.
Cholota, the former personal assistant to the then Free State premier Ace Magashule, challenged the jurisdiction of South African courts to prosecute her.
Both Cholota and the state are expected to make oral submissions in the appeal application.
The Free State High Court dismissed Cholota’s special plea challenging the court’s jurisdiction to try her in the asbestos roof removal case.
Judge Philip Loubser found that the court has jurisdiction to try her.
The judgment looked at four grounds that were remitted back by the Constitutional Court, including that the state misrepresented facts to the Americans and lied that she was part of a money laundering syndicate. Now, Cholota wants to appeal against this decision.
Related video| Cholota applies for leave to appeal prosecution:

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