The National Prosecuting Authority NPA has filed a petition to the Supreme Court of Appeal SCA for leave to appeal the judgment of the Free State High Court regarding Moroadi Cholota.
Last month, Judge Phillip Loubser found that Cholotas extradition from the USA was unlawful and ruled that South African courts do not have jurisdiction to try her as an accused in the R255 million asbestos roof removal case.
Cholota was the personal assistant of then Free State Premier Ace Magashule when the asbestos tender was allegedly illegally awarded in 2014.
The NPA is adamant that the court erred by applying the case law used to discharge Cholota from the case.
NPA spokesperson Mthunzi Mhaga says the NPA is also considering approaching the Constitutional Court.