Moroadi Cholota, the former personal assistant to Ace Magashule, is a free woman after the Free State high court ruled her extradition from the United States US was unlawful.
Cholota was among suspects in the National Prosecuting Authoritys NPA R255 million asbestos case .
Moroadi Cholotas extradition from US unlawfulJudge Philip Loubser ruled on Tuesday 3 June that the state presented false and incorrect information to US authorities that led to the extradition.
Two South African courts have already made this finding and the US authorities relied on this information in good faith and actioned the extradition on an unknowingly unlawful basis, he added.
Since the extradition was unlawful, the court had no jurisdiction to try Cholota, the judge explained, adding, Cholota, you are free to leave.
Besides his finding on false and incorrect information, Judge Loubser also relied on a 2024 ruling by the Supreme Court of Appeal that the power to make an extradition request was vested in the Department of Justice and Constitutional Development, not the NPA.
A visibly emotional Cholota broke down in tears immediately after the ruling, while NPA spokesperson, Advocate Mthunzi Mhaga, said they were taken aback.
Because it is a judgement that has the effect of a final order, we are permitted to appeal it, he told reporters.
At the moment, we will have to regroup as a team and reflect on the judgement and see if we can identify grounds upon which the judgement could be appealed and its impact.
The NPA is now unable to charge Cholota unless it successfully overturns the ruling on appeal.