The Bloemfontein High Court has dismissed Moroadi Cholota’s application to have the matter against her declared unlawful and unconstitutional. Picture: NPA
The Bloemfontein High Court has dismissed with costs the application brought by Moroadi Cholota, the former personal assistant to ex-premier Ace Magashule.
The court found her request for a declaration that her recent arrest was unlawful and unconstitutional to be without merit in her bid to get her charges withdrawn.
Cholota, in her application, contended that her arrest lacked legal grounds and was an infringement on her constitutional rights.
However, the high court delivered a resounding verdict, that underscored the State’s legal rationale behind her detention.
The 37-year-old, who is facing charges relating to the R255 million asbestos roof removal contract scandal, had sought to have her fraud and corruption charges withdrawn after her application was heard in the high court in November last year.
Cholota, who is out on R2 500 bail, was arrested in the United States earlier last year and later extradited to South Africa in August.
In her ruling, Judge Mareena Oppermann indicated that she will provide her reasons at a later date.
“Having heard both the arguments for both the applicant and the respondent in this instance, and the papers filed on the record, this is the order of the court:
“The application, in terms of rule 16 (12)(a), enrols the matter as that of urgency to dispose with the forms and service provided for in the uniform rules of court is dismissed with costs. The reasons for this order will follow in due course,” she stated.
IOL reports that the judgment in the matter was reserved on November 7, 2024, while the 37-year-old denied any wrongdoing and claimed that the State had a weak case against her.
Cholota, who is cited as the 17th accused in the 110-page State indictment, is charged alongside 18 others including Magashule and businessman Edwin Sodi.
The State alleges that Cholota, as a personal assistant to Magashule, her tasks included handling correspondence and assisting in the scheduling of meetings and trips on his behalf.
With the case being an application rather than a criminal matter, the National Prosecuting Authority (NPA) provincial spokesperson, Mojalefa Senokoatsane, said they had not prepared any reactions to the matter.
siyabonga.sithole@inl.co.za
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