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The Chairperson of the Portfolio Committee on Justice and Constitutional Development, Mr Xola Nqola, has welcomed the judgement handed down by the Constitutional Court today in the extradition matter involving Ms Moroadi Cholota.
 
The Constitutional Court upheld an appeal by the National Prosecuting Authority (NPA) against a Free State High Court decision that had set Ms Cholota free after finding her extradition from the United States to be unlawful.
 
In its judgement, delivered by Deputy Chief Justice Dunstan Mlambo, the apex court ruled that while the extradition process was indeed flawed, this did not invalidate the criminal proceedings against Ms Cholota. The court further found that the NPA’s right to be heard had been infringed upon during proceedings in the Free State High Court. It held that Ms Cholota’s legal team had introduced a new argument during closing submissions, which denied the state an opportunity to respond. Deputy Chief Justice Mlambo described this as unfair and wrongful.
 
Ms Cholota was extradited from the United States in August 2024 to face charges of corruption and money laundering linked to the Free State asbestos matter involving former Free State Premier Mr Ace Magashule and businessman Mr Edwin Sodi. In 2025, she challenged the lawfulness of her extradition, a challenge that was upheld by the Free State High Court before being taken on appeal by the NPA.
 
Mr Nqola said the Constitutional Court judgment provides important legal clarity and ensures that serious criminal matters are not derailed by procedural disputes. “The ruling affirms that while extradition processes must strictly comply with the law, procedural defects do not automatically extinguish criminal cases. This is a significant development in strengthening accountability,” Mr Nqola emphasised.
 
He added that the committee welcomes the court’s guidance on the respective roles of the NPA and the executive in extradition matters, an issue that will now be further ventilated when the Free State High Court considers Ms Cholota’s special plea.
 
“The committee will continue to exercise its oversight role to ensure that prosecuting authorities act lawfully and effectively, while upholding the constitutional imperative to combat corruption,” said the Chairperson.

Issued by the Parliamentary Communication Services on behalf of the Chairperson of the Portfolio Committee on Justice and Correctional Services, Xola Nqola