Cholota Extradition Ruled Unlawful As ConCourt Revives Asbestos Corruption Battle

The Constitutional Court has confirmed that the extradition of Moroadi Cholota was unlawful, upholding an earlier decision by the Free State High Court in Bloemfontein.
However, the apex court made it clear that this procedural flaw does not automatically prevent South African courts from hearing the criminal case against her. The ruling reinforces that unlawful extradition alone is not enough to halt prosecution.
The matter has now been sent back to the Free State High Court for further consideration.
Judges Reject Blanket Immunity for Cholota’s Extradition Errors
Deputy Chief Justice Dunstan Mlambo stressed that the High Court’s reasoning was too narrow when it declined to exercise jurisdiction solely because the extradition request came from the wrong state official.
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“Such reasoning is not supported by the facts and would not strike an appropriate balance between the concern for lawful process and the imperative to combat impunity,” Mlambo said on Friday.
The court underscored the need to balance respect for legal procedures with the broader public interest in holding accused persons accountable.
Asbestos Corruption Case Still in Play
Cholota is among 18 accused linked to the R255 million asbestos scandal, a case that has drawn national attention due to the involvement of former Free State premier Ace Magashule.
The corruption case centres on allegations of large-scale fraud tied to a controversial asbestos removal project in the Free State.
This remains a developing story.
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