The Constitutional Court (ConCourt) has upheld a ruling of the Free State High Court in Bloemfontein that Moroadi Cholota’s extradition was unlawful.
However, it also found that the Free State High Court’s sole basis for declining to exercise criminal jurisdiction, because Cholota’s extradition was requested by the incorrect state functionary, does not mean that any irregularity in extradition proceedings should result in a court declining to exercise its criminal jurisdiction.
“Such reasoning is not supported by the facts and would not strike an appropriate balance between the concern for lawful process and the imperative to combat impunity,” said Deputy Chief Justice Dunstan Mlambo on Friday.
The matter will now return to the High Court.
Cholota was one of 18 co-accused in the R255 million asbestos corruption case involving former Free State premier Ace Magashule.
This is a developing story
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