Staff Reporter
The Free State High Court on Wednesday dismissed a special plea by Moroadi Cholota in the long-running asbestos corruption case, ruling that the court has jurisdiction to try her.
Judge Phillip Loubser rejected Cholota’s remaining grounds of special plea and found they had no merit.
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This after the Constitutional Court in January sent the matter back to the high court to decide outstanding issues in her challenge.
Cholota, a former personal assistant to ex-Free State premier and ANC secretary-general Ace Magashule – who is himself an accused in the case — is among 18 others facing fraud and corruption charges related to the R255 million contract to remove asbestos roofs in Free State townships.
Her special plea argued, among other things, that the state had misrepresented information to a US magistrates’ court during extradition proceedings, undermining the South African court’s power to prosecute her.
The Constitutional Court unanimously ruled on 23 January that while prosecutors may prepare outgoing extradition requests, only the national executive has the authority to formally make such requests to foreign states. Cholota’s special-plea grounds was remitted to the high court for determination.
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The NPA said the trial is due to resume on 2 March, when prosecutors will proceed against all the accused.
“Our prosecutorial arsenal continues to display their legal prowess that received affirmation at the apex court, resulting in the fight against serious corruption being enhanced and the rule of law upheld. We cannot allow impunity to rein supreme when we have constitutional obligation to hold those accused of criminality accountable,” National Director of Public Prosecutions Andy Mothibi said in the statement on Wednesday.
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