Latest news with #MoroadiCholota
The Star
10-06-2025
- Politics
- The Star
NPA's Leadership Crisis: Eroding Legal Integrity in Favour of Political Expediency
Clyde N.S. Ramalaine | Published 1 day ago Clyde N.S. Ramalaine On 3 June 2025, the Free State High Court in Bloemfontein ruled that the extradition of Moroadi Cholota from the United States to South Africa was unlawful. This landmark judgment has not only released the state's key figure in the high-profile R255 million asbestos corruption case but also cleared the way for the prosecution of others involved. Still, it has also exposed deep procedural and constitutional failings within South Africa's prosecutorial regime. Her unlawful extradition from the United States and subsequent release by the Free State High Court reveal more than just procedural oversight , they expose systemic dysfunction, a repurposing of primary objectives of the NPA as articulated in its strategic ethos within the National Prosecuting Authority (NPA) and unravels the credibility of South Africa's anti-corruption drive. The Ruling A Blow to Prosecutorial Credibility Presiding over the matter, Judge Phillip Loubser was unequivocal: " The prosecution has not found reasonable doubt, or at all, that there was a valid or lawful request from South Africa for the extradition of Ms Cholota from the United States. It follows that if there was no valid extradition request, then the extradition itself was without any basis and, therefore, unlawful ." The National Prosecuting Authority's (NPA) failure to adhere to the legally mandated process in the extradition request of Moroadi Cholota reveals not merely a procedural blunder, but an institutional failing. By initiating the extradition request instead of the Minister of Justice and Correctional Services, as explicitly required by law, the NPA not only invalidated its case but compromised the integrity of South Africa's justice system on the international stage. The NPA will contend that this is not the first time it has led to extradition cases and that this is the first instance in which a case has been registered in this regard. It will furthermore argue that it is appealing the Schultz case, which constitutes a legal precedent. Notwithstanding this counter, the NPA cannot deny that this deviation from legal protocol suggests either gross incompetence or a willful disregard for constitutional processes, raising serious ethical questions about accountability within the NPA. Moreover, by allegedly providing misleading or incomplete information to U.S. authorities, the South African state stands accused of deception — a charge that, if substantiated, undermines its moral authority and diplomatic credibility, and reveals a prosecutorial body more concerned with performance politics than with the pursuit of justice. The unlawful handling of Cholota's extradition reflects a disturbing pattern in which the state weaponises legal instruments while bypassing constitutional safeguards. This erosion of legal integrity in favour of political expediency suggests the NPA, whether by design or acquiescence, has become a tool in internal power struggles rather than a guardian of justice. In failing to uphold the rule of law and misleading an international partner in the process, the NPA exposes a justice system teetering between institutional collapse and captured governance. The court's ruling on the lack of jurisdiction underscores a foundational pillar of constitutional and international law, that the legitimacy of a trial is inseparable from the legality of the accused's presence before the court. In Moroadi Cholota's case, the unlawful initiation of the extradition process rendered her transfer to South Africa constitutionally defective, thereby stripping the court of jurisdiction to try her. Any attempt to prosecute her under such conditions would not only violate Section 35 of the Constitution, which guarantees fair trial rights and due process but also contravene international legal norms governing extradition and state sovereignty. This ruling affirms that procedural integrity is not merely a technicality, but a substantive requirement of justice; the state cannot bypass lawful channels to secure an accused and still claim the authority to prosecute. To do so would be to legitimise executive overreach, dismantle legal safeguards, and invite the erosion of the rule of law under the guise of criminal justice. Systemic Indictment of the NPA The judgment handed down by the Free State High Court should not be read in isolation; it must be understood as a judicial demand for accountability, procedural discipline, and institutional humility. The NPA's failed prosecution of Ms Moroadi Cholota is, regrettably, not an isolated mishap . In a 2023 article co-authored with Paul M. Ngobeni (available at: " /", we called for the NPA leadership to be held accountable as we critically examined eight high-profile cases pursued by the NPA under the rubric of its ' state capture ' prosecutions. Our analysis revealed a pattern of endemic institutional failures, particularly under the leadership of the current National Director of Public Prosecutions, Advocate Shamila Batohi. Among the most pressing concerns were the following: Politicisation of Prosecutions The NPA's alignment with factional battles in the ANC undermines its credibility. Its selective use of the Zondo Commission's findings, non-binding and inadmissible in court, has raised alarms about the weaponisation of commissions of inquiry to serve political ends. Strategic Misuse of Evidence The collapse of cases like the Estina Dairy Farm prosecution revealed the dangers of substituting public rhetoric for admissible evidence. The NPA has repeatedly stumbled in converting politically sensational findings into courtroom success. Selective Disclosure and Narrative Framing The NPA has routinely withheld countervailing evidence, especially in asset forfeiture cases such as Optimum Coal, to curate a prosecutorial narrative while undermining procedural fairness. Civil society organisations such as Freedom Under Law and Corruption Watch have raised repeated concerns about this trend. Institutional Inefficiencies Structural deficiencies, ranging from poor leadership and resource mismanagement to political interference, continue to plague the NPA's capacity to lead credible prosecutions. These points not only relate to individual accountability but also to the need for institutional redesign. The location of the NPA under executive control remains a structural vulnerability. Lack of Accountability and Transparency The NPA has consistently deflected public criticism, painting itself as the victim of attacks rather than accepting legitimate concerns about its performance. This erodes public confidence and corrodes prosecutorial independence. Calls for an independent oversight body to scrutinise prosecutorial decisions have gained renewed urgency. NPA's Compulsive Overreliance on Appeals – Default Mechanism As expected, the NPA informed South Africa that it intends to appeal the court's findings. While the doctrine of appeal is a constitutional provision, it is important to appreciate the context and primary intentions of the state in pursuing such an appeal. A fundamental yet under-examined pathology within the National Prosecuting Authority (NPA) is its compulsive reliance on appeals, not as a last resort for justice, but as a default mechanism to shield prosecutorial ineptitude. At the heart of this phenomenon lies a psychology unmoored from accountability: senior prosecutors and executive leadership pursue prolonged legal contests not at their own personal or professional expense, but through the seemingly bottomless reservoir of the public fiscus. This distance between institutional action and individual consequence fosters a culture of indifference towards both fiscal prudence and judicial efficacy. The decision to appeal, often against the weight of legal reasoning and precedent, is thus less a matter of legal necessity than a strategic deflection—an effort to postpone institutional reckoning, preserve internal reputations, and obscure prosecutorial failures. There appears to be little regard for the economic burden imposed on the state, the rights of the accused whose lives are held in indefinite legal limbo, or the broader erosion of public trust in the justice system. In the Cholota case, this is strikingly evident: despite the court's scathing findings, the NPA has signalled its intention to appeal, oblivious to the potential litigation costs should the state be sued for unlawful detention or rights infringements. This illustrates a prosecutorial psychology that prioritises institutional face-saving over constitutional integrity, emboldened by the knowledge that the price of legal misadventure will not be borne by those who authorise it. In the final analysis, the National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi, can no longer be exempt from the dismal performance of the NPA . She, together with her senior executive team, must be held accountable for the institution's persistent failures, including the frivolous pursuit of appeals and plausible wasteful expenditure incurred in cases that consistently collapse in court. The NPA's demonstrably poor track record in successfully prosecuting its claimed state capture cases, cases that fail to withstand legal scrutiny, underscores a leadership crisis at the heart of the institution. In this epoch, Batohi cannot dismiss these matters as merely 10 to 12 cases out of thousands. She must acknowledge the National Prosecuting Authority's spectacular failure in effectively prosecuting its state capture cases. Judge Loubser's ruling is a reaffirmation of the rule of law. It demonstrates that even in the face of public and political pressure, courts remain the final guardians of constitutional integrity. This case should serve as a caution to state institutions: no matter the political stakes, constitutional due process cannot be bypassed without consequence. The state's case against Moroadi Cholota symbolises both a failure of the prosecutorial machinery and a moment of constitutional reckoning. Unless the NPA undertakes urgent internal reform, beginning with depoliticised leadership appointments, independent oversight mechanisms, and full adherence to international legal procedures, its credibility will remain under siege. This case is not merely about an individual wrongfully prosecuted , but about an institution, the NPA, that appears adrift from constitutional moorings, caught between political ambition and legal obligation, often repurposed for nefarious intentions. * Clyde N.S. Ramalaine is a theologian, political analyst, lifelong social and economic justice activist, published author, poet, and freelance writer. ** The views expressed do not necessarily reflect the views of IOL or Independent Media.
IOL News
09-06-2025
- Politics
- IOL News
NPA's Leadership Crisis: Eroding Legal Integrity in Favour of Political Expediency
Calls intensify for National Director of Public Prosecutions Shamila Batohi's removal as the NPA faces accusations of incompetence and strategic missteps in the wake of a deepening crisis in the criminal justice system. Image: Henk Kruger/ Independent Newspapers Clyde N.S. Ramalaine On 3 June 2025, the Free State High Court in Bloemfontein ruled that the extradition of Moroadi Cholota from the United States to South Africa was unlawful. This landmark judgment has not only released the state's key figure in the high-profile R255 million asbestos corruption case but also cleared the way for the prosecution of others involved. Still, it has also exposed deep procedural and constitutional failings within South Africa's prosecutorial regime. Her unlawful extradition from the United States and subsequent release by the Free State High Court reveal more than just procedural oversight, they expose systemic dysfunction, a repurposing of primary objectives of the NPA as articulated in its strategic ethos within the National Prosecuting Authority (NPA) and unravels the credibility of South Africa's anti-corruption drive. The Ruling A Blow to Prosecutorial Credibility Presiding over the matter, Judge Phillip Loubser was unequivocal: "The prosecution has not found reasonable doubt, or at all, that there was a valid or lawful request from South Africa for the extradition of Ms Cholota from the United States. It follows that if there was no valid extradition request, then the extradition itself was without any basis and, therefore, unlawful." The National Prosecuting Authority's (NPA) failure to adhere to the legally mandated process in the extradition request of Moroadi Cholota reveals not merely a procedural blunder, but an institutional failing. By initiating the extradition request instead of the Minister of Justice and Correctional Services, as explicitly required by law, the NPA not only invalidated its case but compromised the integrity of South Africa's justice system on the international stage. The NPA will contend that this is not the first time it has led to extradition cases and that this is the first instance in which a case has been registered in this regard. It will furthermore argue that it is appealing the Schultz case, which constitutes a legal precedent. Notwithstanding this counter, the NPA cannot deny that this deviation from legal protocol suggests either gross incompetence or a willful disregard for constitutional processes, raising serious ethical questions about accountability within the NPA. Moreover, by allegedly providing misleading or incomplete information to U.S. authorities, the South African state stands accused of deception — a charge that, if substantiated, undermines its moral authority and diplomatic credibility, and reveals a prosecutorial body more concerned with performance politics than with the pursuit of justice. The unlawful handling of Cholota's extradition reflects a disturbing pattern in which the state weaponises legal instruments while bypassing constitutional safeguards. This erosion of legal integrity in favour of political expediency suggests the NPA, whether by design or acquiescence, has become a tool in internal power struggles rather than a guardian of justice. In failing to uphold the rule of law and misleading an international partner in the process, the NPA exposes a justice system teetering between institutional collapse and captured governance. The court's ruling on the lack of jurisdiction underscores a foundational pillar of constitutional and international law, that the legitimacy of a trial is inseparable from the legality of the accused's presence before the court. In Moroadi Cholota's case, the unlawful initiation of the extradition process rendered her transfer to South Africa constitutionally defective, thereby stripping the court of jurisdiction to try her. Any attempt to prosecute her under such conditions would not only violate Section 35 of the Constitution, which guarantees fair trial rights and due process but also contravene international legal norms governing extradition and state sovereignty. This ruling affirms that procedural integrity is not merely a technicality, but a substantive requirement of justice; the state cannot bypass lawful channels to secure an accused and still claim the authority to prosecute. To do so would be to legitimise executive overreach, dismantle legal safeguards, and invite the erosion of the rule of law under the guise of criminal justice. Moroadi Cholota giving evidence at the Commission of Inquiry into State Capture. Last week the Bloemfontein High Court ruled that her extradition from the United States was unlawful. Image: Independent Newspapers archive Systemic Indictment of the NPA The judgment handed down by the Free State High Court should not be read in isolation; it must be understood as a judicial demand for accountability, procedural discipline, and institutional humility. The NPA's failed prosecution of Ms Moroadi Cholota is, regrettably, not an isolated mishap. In a 2023 article co-authored with Paul M. Ngobeni (available at: " we called for the NPA leadership to be held accountable as we critically examined eight high-profile cases pursued by the NPA under the rubric of its 'state capture' prosecutions. Our analysis revealed a pattern of endemic institutional failures, particularly under the leadership of the current National Director of Public Prosecutions, Advocate Shamila Batohi. Among the most pressing concerns were the following: Politicisation of Prosecutions The NPA's alignment with factional battles in the ANC undermines its credibility. Its selective use of the Zondo Commission's findings, non-binding and inadmissible in court, has raised alarms about the weaponisation of commissions of inquiry to serve political ends. Strategic Misuse of Evidence The collapse of cases like the Estina Dairy Farm prosecution revealed the dangers of substituting public rhetoric for admissible evidence. The NPA has repeatedly stumbled in converting politically sensational findings into courtroom success. Selective Disclosure and Narrative Framing The NPA has routinely withheld countervailing evidence, especially in asset forfeiture cases such as Optimum Coal, to curate a prosecutorial narrative while undermining procedural fairness. Civil society organisations such as Freedom Under Law and Corruption Watch have raised repeated concerns about this trend. Institutional Inefficiencies Structural deficiencies, ranging from poor leadership and resource mismanagement to political interference, continue to plague the NPA's capacity to lead credible prosecutions. These points not only relate to individual accountability but also to the need for institutional redesign. The location of the NPA under executive control remains a structural vulnerability. Lack of Accountability and Transparency The NPA has consistently deflected public criticism, painting itself as the victim of attacks rather than accepting legitimate concerns about its performance. This erodes public confidence and corrodes prosecutorial independence. Calls for an independent oversight body to scrutinise prosecutorial decisions have gained renewed urgency. NPA's Compulsive Overreliance on Appeals – Default Mechanism As expected, the NPA informed South Africa that it intends to appeal the court's findings. While the doctrine of appeal is a constitutional provision, it is important to appreciate the context and primary intentions of the state in pursuing such an appeal. A fundamental yet under-examined pathology within the National Prosecuting Authority (NPA) is its compulsive reliance on appeals, not as a last resort for justice, but as a default mechanism to shield prosecutorial ineptitude. At the heart of this phenomenon lies a psychology unmoored from accountability: senior prosecutors and executive leadership pursue prolonged legal contests not at their own personal or professional expense, but through the seemingly bottomless reservoir of the public fiscus. This distance between institutional action and individual consequence fosters a culture of indifference towards both fiscal prudence and judicial efficacy. The decision to appeal, often against the weight of legal reasoning and precedent, is thus less a matter of legal necessity than a strategic deflection—an effort to postpone institutional reckoning, preserve internal reputations, and obscure prosecutorial failures. There appears to be little regard for the economic burden imposed on the state, the rights of the accused whose lives are held in indefinite legal limbo, or the broader erosion of public trust in the justice system. In the Cholota case, this is strikingly evident: despite the court's scathing findings, the NPA has signalled its intention to appeal, oblivious to the potential litigation costs should the state be sued for unlawful detention or rights infringements. This illustrates a prosecutorial psychology that prioritises institutional face-saving over constitutional integrity, emboldened by the knowledge that the price of legal misadventure will not be borne by those who authorise it. In the final analysis, the National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi, can no longer be exempt from the dismal performance of the NPA. She, together with her senior executive team, must be held accountable for the institution's persistent failures, including the frivolous pursuit of appeals and plausible wasteful expenditure incurred in cases that consistently collapse in court.
News24
08-06-2025
- Politics
- News24
NPA needs a shake-up
National Director of Public Prosecutions Shamila Batohi went on a media tour, trying to explain the litany of blunders by the National Prosecuting Authority (NPA) after yet another suspect has been set free after the institution bungled the case. Moroadi Cholota, the ex-personal assistant of former Free State premier and corruption accused Ace Magashule, walked free after the Bloemfontein High Court ruled it had no jurisdiction because her extradition from the US was unlawful. The court upheld a special plea Cholota raised on the NPA's decision to haul her back to South Africa, that the justice minister, instead of the NPA, should have applied for her extradition. READ: As NPA is under fire over Cholota, Batohi announces preparations for Gupta extraditions The NPA had failed to timeously challenge an earlier ruling involving Johnathan Schultz in the Supreme Court of Appeal (SCA) to this effect, and this created a precedent that could not be overruled by a lower court. In an embarrassing episode, the NPA earlier filed notice not to challenge the Schultz ruling, then later sought to withdraw it. Ruling in the Cholota matter, Judge Phillip Loubser said the NPA must have known about the Schultz matter and the precedent it would create. This was just the latest in a series of bungles by the NPA that has allowed many accused people to go free either on technicalities or due to the sheer incompetence of prosecutors, as the judge in the Timothy Omotoso case clearly pronounced. The Nigerian evangelist accused of raping young women from his South African church was acquitted of all charges. The prosecutors were accused of mishandling the case. In a TV interview, Batohi blamed rogue prosecutors in the NPA system, but insisted that the NPA was otherwise doing a great job. The facts do not bear her out and, as she leaves her post next year, her legacy will be declining faith in the NPA and the justice system in general. Besides the prominent political cases, South Africa has been in the throes of a debilitating wave of gender-based violence, with the murder of Olorato Mongale being the latest prominent case. The two thugs responsible for Mongale's murder had earlier been released by the courts on bail after being charged with a similar kidnapping and theft case. If we had a functional criminal justice system, those two would not have been on the streets and Olorato would probably still be alive. Therefore, we expect Batohi to do more than just join the public lamentation. She is in charge of the NPA and needs to fundamentally shake up how that institution works. The hideously high crime rate in this country demands an incredibly efficient prosecuting authority, but that is not what we have at the moment. As the president gears up to appoint a new NPA head, policymakers must start a conversation about how to strengthen the justice cluster, and the NPA in particular.
News24
05-06-2025
- Business
- News24
The Lead: Has the NPA messed up again? Karyn Maughan on why Ace Magashule's PA walked free
She's a free woman. Moroadi Cholota, the former assistant to then-Free State Premier Ace Magashule, has won her special plea against the National Prosecuting Authority. The Free State High Court in Bloemfontein declared her extradition from the United States 'unlawful' following a Supreme Court of Appeal ruling that only the justice minister may request extradition. The ruling leaves the NPA with a bloody nose, and many legal experts have warned that this trial-within-a-trial may have far-reaching consequences. To decipher what this all means, legal journalist Karyn Maughan joins us in this edition of The Lead. Later in the show, Graeme Raubenheimer discusses the AARTO Act's consequences for errant motorists and snow forecasts nationwide. You can now send a short voice note of 15 to 20 seconds with your questions or thoughts on this episode to our official The Lead WhatsApp line, that's: +27 72 562 3179. Mail your comments to thelead@ Editions drop Monday through Thursday at 19:00 on Spotify, Apple and YouTube. Listen on YouTube: Listen on Apple Podcasts:
IOL News
05-06-2025
- Politics
- IOL News
Is the NPA failing South Africa? A deep dive into incompetence and corruption
The Bloemfontein High Court found that Moroadi Cholota's extradition to South Africa from the US was illegal. Image: Dimpho Maja / Independent Newspapers The National Prosecuting Authority (NPA) is facing a crisis of credibility, with a string of failed cases and allegations of incompetence and corruption. The recent decision by the Free State High Court to withdraw charges against Moroadi Cholota, the former assistant to former ANC secretary-general Ace Magashule, has highlighted the NPA's struggles. According to legal experts and political commentators, the NPA's challenges are deep-seated and multifaceted. According to Richard Spoor, a legal expert, the NPA's problems are rooted in a lack of leadership, inadequate resources, and a failure to retain skilled personnel. In the Cholota case, the NPA failed to follow the correct procedure for extraditing her from the US, leading to the charges being withdrawn. In other cases, such as the Koko and Nulane cases, the NPA has been accused of failing to secure cooperation from key witnesses. In October 2022, Matshela Koko and seven other people, including members of his family, were arrested on corruption charges relating to an Eskom contract. He was accused of soliciting bribes from Eskom contractors, who received lucrative contracts at Kusile Power Station. He was released a year later, and the court ruled that there was an unreasonable delay on the part of the State to proceed with the trial. Iqbal Sharma, the head of Nulane Investments, was also acquitted by Bloemfontein High Court Judge Nompumelelo Gusha, who said both the police and the NPA had been inept in their handling of the Nulane Investments fraud and money laundering case they had been facing. The NPA's failures have also been highlighted in several high-profile cases. In the case of former president Jacob Zuma, the authority has been accused of delaying and hindering prosecution. In Duduzane Zuma's case, the NPA's case collapsed due to a lack of evidence. The authority is currently pursuing an appeal against Nigerian pastor Tim Omotoso, who faced trial for approximately eight years on allegations of rape. Omotoso was acquitted after the NPA could not prove beyond a reasonable doubt that he was complicit, leaving the South African public outraged. NPA national spokesperson Mthunzi Mhaga did not respond to questions on what challenges the authority had or whether there was a lack of political support. However, responding to questions from journalists after the Cholota case, he said the NPA was "taken aback by the judgment" because the NPA believed Cholota and her lawyers were effectively appealing against the United States judgment, which permitted her extradition from there. Experts believe the NPA's problems are exacerbated by a lack of political will to support the institution. Spoor said the ruling by the Free State High Court on Cholota's extradition highlighted a consistent pattern of failure on the NPA to prosecute high-level corruption cases effectively. "The underlying reason for the ruling is that her extradition from the US was not done in accordance with international law in that the wrong procedure was followed because the request should have been made by the national Department of International Relations and Cooperation, not by the provincial authorities as has happened in this case," Spoor said. He added that the National Director of Public Prosecutions charged Cholota with offences other than the offence for which she was extradited. "This violates the so-called 'speciality principle' which is designed to protect the rights of the extradited person and to uphold the integrity of the extradition process. There are also suggestions that the NDPP lied when it made representations to the US authorities," Spoor said. Political analyst Professor Sipho Seepe said the NPA's failures have given the impression that the institution has been weaponised against certain individuals. "The NPA has not displayed the same appetite for prosecuting cases where a prima facie case has been established," Seepe said. "Bungling the NPA undermines the entire criminal justice system. This has given the impression that the institution has been weaponised against individuals who are regarded as a problem by the current political administration. "Former Chief Justice Zondo is the latest to express himself on Phala Phala, pointing out that Ramaphosa should have resigned. Advocate Ngalwana SC has pronounced himself much earlier on the subject. "The same NPA was eager to frivolously charge the likes of Carl Niehaus for violating the Covid-19 regulations… We know for a fact that it did the same when it targeted Duduzane Zuma. The case against him collapsed," Seepe said. He added: "The Koko case, the Nulane case, and that of Cholota give credence to an institution that has allowed itself to be embroiled in the factional battles of the ANC… Ordinarily, such repeated bungling should have led to the resignation of the individuals involved. Alternatively, they should have been fired." Experts contend that the NPA's problems are systemic and require a comprehensive solution. Sandile Swana, a political analyst, said the NPA's problems are rooted in corruption and incompetence. "The NPA, province by province, a significant number of prosecutors are corrupt," Swana said. "In other words, they are easily manipulated by powerful professionals, well-managed criminals, and criminal syndicates." He added that coordination between detectives and the NPA is substandard. "The engagement between the SAPS and the NPA prosecutors long before anybody is charged should test the quality of charges, the quality of any submissions that should be made," he said. He added that the quality of personnel the NPA possesses, including its leader, Shamila Batohi, was below the standard that is required to prosecute crime successfully in South Africa. [email protected] [email protected]
