JOHANNESBURG - The Constitutional Court has upheld an appeal by the National Prosecuting Authority (NPA) in the extradition matter and a High Court decision that set Moroadi Cholota free.
The Apex Court ruled that while the extradition process was flawed, this does not invalidate the criminal proceedings against Cholota.
Deputy Chief Justice Dunstan Mlambo delivered the judgment in Johannesburg on Friday.
The Constitutional Court also found that the NPA's right to be heard was infringed upon during proceedings in the Free State High Court.
It said Cholota's legal team introduced a new argument during the closing defence denying the state an opportunity to respond.
Deputy Chief Justice Mlambo said this was unfair and wrongful.
Cholota was extradited from the United States in August 2024 to face corruption and money laundering charges linked to the Free State asbestos case involving Ace Magashule and controversial tender tycoon Edwin Sodi.
However, in 2025, Cholota, who was Magashule’s personal assistant, challenged her extradition from the US.
The Free State High Court ruled in her favour, declaring the extradition unlawful.
The NPA petitioned the highest court on the land after a ruling on the matter.
The Free State High Court must now decide on Cholota’s special plea. The matter also relates to who has the powers to extradite between the NPA and the Justice Minister.
- The story has been updated to reflect the ConCourt decision