The National Prosecuting Authority has petitioned the Supreme Court of Appeal following a controversial dismissal by the Free State Division of the High Court, Bloemfontein on its application for leave to appeal.

The petition, filed on Monday, comes after Judge Loubser dismissed the NPA’s request for the judge to reserve questions of law under Section 319 of the Criminal Procedure Act.

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 court found that it has no jurisdiction to try the former Free State premier Ace Magashule’s personal assistant in the R255-million asbestos case, as her extradition from the United States of America was unlawful.

NPA national spokesperson, Mthunzi Mhaga, said 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.

“The NPA is of the firm view that the Honourable judge erred in dismissing the application for leave to appeal, and that there are reasonable prospects of success to appeal the Cholota judgment, and that there are compelling reasons for the SCA to hear our appeal.

“We are also exploring the possibility of approaching the Constitutional Court, challenging the same judgment, given the possible far-reaching implications on many other extradition matters,” said 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.

sinenhlanhla.masilela@iol.co.za

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