The National Prosecuting Authority (NPA) is set to petition the Supreme Court of Appeal (SCA) following a controversial dismissal by Judge Loubser of their application for leave to appeal.

The ruling has drawn attention as it relates to the jurisdictional authority of the Free State Division of the High Court to hear the case against Moraidi Cholota, who has been implicated in the ongoing asbestos scandal that has plagued the region.

The judgement, handed down by Loubser J, has been met with considerable concern from the prosecution team, which had urged the Honourable Judge to reserve pivotal questions of law for consideration by the SCA under Section 319 of the Criminal Procedure Act.

According to the NPA, the judge’s decision not only undermined the legal process but also initiated a potential gap in justice surrounding the serious allegations presented in the case.

Officials within the NPA believe that their forthcoming appeal holds a substantial prospect of success, contending that Loubser J erred in his dismissal and failed to appropriately address important legal inquiries.

“There are compelling reasons for this petition to be heard,” said NPA national spokesperson, Mthunzi Mhaga.

It is important to note that during the previous trial within a trial concerning the jurisdiction issue, the merits of the state’s case against Cholota were neither adjudicated nor formally assessed.

This withdrawal from a full examination has led the NPA to maintain that the charges she faces remain viable and can be substantiated in a subsequent trial.

As the clock ticks, the NPA has 21 days to file the requisite petition to the SCA, a deadline they intend to meet promptly. Anticipation builds around the case, as it unfolds not only in legal spheres but resonates deeply within communities affected by the public health crisis connected to asbestos exposure.

IOL

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