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The National Prosecuting Authority (NPA) said it welcomes the dismissal of Moroadi Cholota’s special plea in the asbestos case before the Free State High Court, Bloemfontein.
The Constitutional Court unanimously remitted the matter to the High Court on Jan 23 to rule on remaining special plea grounds, upholding the appeal by DPP Adv Somaru.
The Constitutional Court settled the contentious issue of who holds the authority in South Africa to formally make outgoing extradition requests.
Cholota lodged a special plea against the High Court indictment, arguing, in part, that the US Magistrates Court received false or misrepresented information from the state during the extradition process.
Court’s jurisdiction to try Cholota
Loubser J dismissed the remaining grounds as lacking merit and confirmed the court’s jurisdiction to try Cholota, as proven by the state.
The prosecutors will now focus on ensuring that we present a formidable case, thereby sustaining the charges preferred against all 18 accused persons when the trial resumes on 2 March.
NDPP Adv. Andy Mothibi praised the prosecution team for their persuasive arguments in the trial within a trial and before the Constitutional Court.
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“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 reign supreme when we have a constitutional obligation to hold those accused of criminality accountable,” said Adv Mothibi.