The Constitutional Court, in a landmark judgement, has ruled the national executive has the right to file extradition applications for accused in foreign states and not the National Prosecuting Authority NPA.
The court delivered its judgement on Friday, two months after hearing the NPAs appeal seeking to overturn Free State High Court judge Phillip Loubsers ruling, which found that the extradition of Ace Magashules former personal assistant, Moroadi Cholota, from the US was unlawful.
The high court ruling saw Cholota walking free from prosecution in a R255m asbestos tender corruption case. The tender was awarded to businessperson Edwin Sodi.
