NPA WELCOMES DISMISSAL OF CHOLOTA SPECIAL PLEA IN THE ASBESTOS CASE

18 FEBRUARY 2026 

NPA WELCOMES DISMISSAL OF CHOLOTA SPECIAL PLEA IN THE ASBESTOS CASE

The National Prosecuting Authority (NPA) welcomes the dismissal of special plea raised by Ms Moroadi Cholota in the asbestos case before the Free State Division of the High Court, Bloemfontein. This judgment follows a unanimous judgment delivered by the Constitutional Court on 23 January 2026 wherein the Justices had remitted the matter to the High Court to adjudicate the remaining grounds of special plea thereby upholding the appeal by the Director of Public Prosecutions (DPP), Free State Division, Adv Navilla Somaru. The Constitutional Court had also pronounced and settled the contentious issue of power and authority to formally make outgoing extradition requests in South Africa.

Ms Cholota had raised special plea in response to the charges contained in an indictment before the High Court, citing among other grounds, that the state had lied or misrepresented certain information to the Magistrates Court in the United States of America during the extradition proceedings. Loubser J dismissed the remaining grounds and found that they had no merit while declaring that the state has proved that the Court has jurisdiction to try Ms Cholota.

The prosecutors will now focus on ensuring that we present a formidable case thereby sustaining the charges preferred against all 18 accused persons when the trial resumes on 2 March 2026. The National Director of Public Prosecutions (NDPP), Adv Andy Mothibi commended the prosecution team for meticulously presenting persuasive arguments during the trial within a trial and before the Constitutional Court. “Our prosecutorial arsenal continues to display their legal prowess that received affirmation at the apex Court resulting in the fight against serious corruption being enhanced and the rule of law upheld. We cannot allow impunity to rein supreme when we have constitutional obligation to hold those accused of criminality accountable” said Adv Mothibi. *

Enquires:

Adv Mthunzi Mhaga

Special Director of Public Prosecution