BLOEMFONTEIN - The Free State High Court delivered judgment in the trial-within-a-trial involving Moroadi Cholota.
She's accused alongside former Free State Premier Ace Magashule in the asbestos corruption case.
Judge Phillip Loubser ruled her extradition from the US was unlawful.
READ: Asbestos trial | Lead investigator denies intimidating Cholota
"The extradition of Ms Cholota from the USA to the Republic of South Africa is declared to have been done unlawfully for want of a valid and lawful request for her extradition by the South African executive power," Loubser said.
"This court does not have the jurisdiction to try Ms Cholota on the offences she is charged with."
She claimed she was taken illegally and that the court has no jurisdiction to prosecute her.