NPA TO PETITION SCA AFTER DISMISSAL OF APPLICATION FOR LEAVE TO APPEAL IN ASBESTOS CASE

13 JUNE 2025

NPA TO PETITION SCA AFTER DISMISSAL OF APPLICATION FOR LEAVE TO APPEAL IN ASBESTOS CASE

The NPA will petition the Supreme Court of Appeal (SCA) to challenge the judgment of Loubser J wherein he dismissed our application for leave to appeal. The judgment by Loubser J follows an application for leave to appeal his judgment that the Free State Division of the High Court did not have jurisdiction to try Ms Moraidi Cholota in respect of the Asbestos case. The prosecution team had requested the Honourable Judge to reserve questions of law for consideration by the SCA in terms of Section 319 of the Criminal Procedure Act.

The NPA is of the opinion that the appeal or petition to the SCA would have a reasonable prospect of success and that there are compelling reasons for it to be heard. This is based on our considered view that the Honourable Judge erred in dismissing the application and by not reserving the requested questions of law.

It should be noted that the merits or the strength of the state case against Ms Cholota was never adjudicated or pronounced upon during and after the trial within a trial where the special plea of lack of jurisdiction was determined. Therefore, we still hold the view that the charges against her can be sustained in a subsequent trial.

The state has 21 days within which to file the said petition, and we will do so within the stipulated period.

Enquires:

Adv Mthunzi Mhaga
NPA National Spokesperson