Ace Magashule Archives - MDNtv

South Africa’s extradition laws face Constitutional Court battle over NPA powers

Hlakaniphile Magadlela — Wed, 05 Nov 2025 09:12:59 +0000

South Africa’s Extradition Laws Under Fire at the Constitutional Court

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Video: Watch the full court proceedings on MDNtv YouTube

“Constitutional Court proceedings

South Africa’s extradition system is facing one of its most significant legal tests in years as the Constitutional Court considers who has the lawful authority to request the extradition of persons from foreign countries. The court is being asked to clarify whether this power belongs to the Minister of Justice or to the National Prosecuting Authority. The outcome could reshape how the state brings fugitives back to South Africa to stand trial.

How the dispute started

The present uncertainty was triggered by a 2024 Supreme Court of Appeal judgment involving Johnathan Schultz who was due to be extradited from the United States. Schultz argued that the National Prosecuting Authority did not have the power to initiate an extradition request. The Supreme Court of Appeal agreed and ruled that in terms of the Extradition Act it is the Minister of Justice who must make such a request.

Importantly the Supreme Court of Appeal said that its interpretation applied retrospectively. That meant extradition requests that had already been made by the National Prosecuting Authority could now be challenged.

Effect on the Moroadi Cholota matter

The ruling soon affected a high profile corruption related case. Relying on the Schultz judgment the Free State High Court overturned the extradition of Moroadi Cholota who had been the personal assistant to former Free State premier Ace Magashule. She was wanted in connection with the R255 million Free State asbestos project.

The court held that her extradition from the United States was unlawful because the request had been made by the National Prosecuting Authority and not by the Minister of Justice. As a result she no longer had to appear in South Africa to face the criminal charges.

NPA warns of serious consequences

The National Prosecuting Authority is now appealing both the Schultz decision and the subsequent ruling in the Cholota matter. Advocate Kevin Hopkins SC appearing for the National Prosecuting Authority told the Constitutional Court that if the Supreme Court of Appeal judgment is applied in full and retrospectively then many of South Africa’s previous and pending extradition requests can be reviewed and possibly set aside.

He told the court that this could have serious and harmful consequences for the criminal justice system because extradition is a vital tool for ensuring that accused persons cannot evade prosecution by leaving the country.

Hopkins explained that for decades the National Prosecuting Authority and its predecessors had been initiating outgoing extradition requests. This was done openly and in good faith. No court and no minister had ever suggested that the authority did not exist.

A gap in the Extradition Act

Hopkins further argued that the Extradition Act describes in detail how requests from foreign states to South Africa must be handled. However it does not describe in the same way how South Africa should make requests to other countries. Because of this legislative gap it was always assumed that the prosecuting authority could initiate outgoing extraditions especially where the purpose was to bring an accused person before a South African court.

Trengove argues for the State

Advocate Wim Trengove SC who appeared for the prosecution in the Cholota matter told the Constitutional Court that the High Court was wrong to find that it lacked jurisdiction. He said the matter is clearly in the public interest because it affects future extradition cases and the ability of South Africa to prosecute crime that has an international element.

Trengove submitted that the Supreme Court of Appeal was not correct to declare that only the Minister may request extradition. He drew a distinction between incoming requests which are diplomatic and which fall under the Minister and outgoing requests which are prosecutorial and which fall under the National Prosecuting Authority. He also pointed out that Cholota was extradited under a valid order of a United States court which meant that the extradition was in substance lawful.

Why this case matters

The Constitutional Court’s final decision will decide more than just the Schultz and Cholota matters. If the Supreme Court of Appeal’s ruling is confirmed and applied to past cases then a number of fugitives may attempt to challenge their extradition on technical grounds. This could weaken South Africa’s ability to prosecute cross border corruption fraud and organised crime.

However if the Constitutional Court finds that the National Prosecuting Authority may lawfully initiate outgoing extradition requests then the status of previous requests will be protected and the criminal justice system will retain an important mechanism for bringing accused persons back to South Africa.

Watch on MDNtv

You can watch the full Constitutional Court hearing here: https://www.youtube.com/watch?v=BWYKUWEdR2E

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Ace Magashule’s Ex-PA Faces Off With The State — Battle Reaches Constitutional Court

MDNtv — Tue, 04 Nov 2025 21:41:48 +0000

Ace Magashule’s former personal assistant is back in the Constitutional Court — squaring off with the State in a high-stakes legal showdown linked to the Free State asbestos corruption scandal.

The case could have major implications for the prosecution’s strategy against Magashule and other co-accused.

Stay with MDNtv for verified updates and courtroom highlights from this developing story.

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EFF Leader @Julius_S_Malema Spills 2024 Elections Secrets to Media

MDNtv — Fri, 19 Apr 2024 06:41:29 +0000

Eff Leader Julius Malema engages the media about current developments in the 2024 elections campaign. #MalemaMediaEngagement

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Shocking Moments from Julius Malema’s Address in Eldorado Park

MDNtv — Wed, 17 Apr 2024 13:47:59 +0000

Julius Malema Addresses EFF Town Hall Meeting, Eldorado Park.

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Jacob Zuma will appear on ballot representing uMkhonto weSizwe party, as confirmed by IEC

MDNtv — Wed, 17 Apr 2024 10:40:26 +0000

The Independent Electoral Commission of South Africa (IEC) says the MK Party has notified it about changing its leader from Jabulani Khumalo to Jacob Zuma.

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Fikile Mbalula Reveals Shocking Truth About Jacob Zuma

MDNtv — Sun, 14 Apr 2024 22:29:32 +0000

Julius Malema Addresses EFF Manifesto Town Hall Meeting, Lenasia.

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SHOCKING: KZN is the Headquarters of hitmen in the country – Bheki Cele

MDNtv — Sun, 14 Apr 2024 17:57:59 +0000

Police Minister Bheki Cele faces tough questions from the Hanover Park community on the Cape Flats regarding the ongoing gang violence plaguing their neighborhood. Residents express frustration over delayed police and ambulance response times, demanding action and tangible solutions from Cele.

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Jacob Zuma Gives IEC a Bloody Nose: MPOFU, and Ngcukaitobi Face Off – What’s Next?

MDNtv — Tue, 09 Apr 2024 18:22:41 +0000

MK Party and Jacob Zuma scores major VICTORY in Electoral Court case.
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LEGAL SHOWDOWN: PRESIDENT CYRIL RAMAPHOSA AND ZUMA COURT CASE IN GAUTENG

MDNtv — Thu, 12 Jan 2023 08:08:08 +0000

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‘Piece-time revolutionaries’ & other top quotes on the sides of Day 1 of #ANC55

MDNtv — Sat, 17 Dec 2022 23:28:25 +0000

From delegates being known as piece-time revolutionaries to interrogating the that means of chaos in the South African context, here’s a take a look at some of our top quotes from day one of the convention, from the mouths of politicians and delegates alike.

JOHANNESBURG – Day one of the African National Congress’ (ANC) fifty fifth National Conference wrapped up on Friday evening, with celebration president Cyril Ramaphosa having delivered his political report.

But Ramaphosa’s speech is just not the just one with pull-out quotes, as dialog carried on in and out of doors the convention.

From delegates being known as piece-time revolutionaries to interrogating the that means of chaos in the South African context, here’s a take a look at some of our top quotes from day one, from the mouths of politicians and delegates alike.

1. Magashule and “piece-time revolutionaries”

“These young guys who come now and were elected on a slate, during 2017, they regard themselves as revolutionaries. What type of revolutionary, piece-time, revolutionaries are these?”

These are the phrases of suspended ANC secretary basic Ace Magashule, who lashed out at these he stated wish to ‘contact’ presidential hopeful, Nkosazana Dlamini Zuma, asking the place “all these young guys were” when Dlamini Zuma – as soon as Steve Biko’s deputy, was combating for SA in the battle.

He added if the ANC desires to win 2024 elections, delegates should vote for leaders with “struggle credentials”.

READ: Magashule: Ramaphosa ought to respect the legislation and step apart over Phala Phala

2. Pule Mabe on ‘South Africa’s model of chaos’

Briefing the media on Friday afternoon, ANC nationwide spokesperson Pule Mabe contested the that means of chaos, as alluded to by totally different media homes.

“Many South Africans and foreign media who are hearing you say there is chaos and ask what chaos is there, you only talk about people moving around…that in an ANC conference when people move around it is called chaos in South Africa. No. Is that the South African version of chaos?”

He known as on the media to repair this, as the credibility of the ANC will be “eroded by such small statements.”

“If you bring something and you say it’s chaotic, show us where the chaos is,” stated Mabe.

Starting late doesn’t suggest the #ANC55 convention is “chaotic”, insists Mabe to journalists asking questions now.

GR

‘ EWN Reporter (@ewnreporter) December 16, 2022

3. “We’re winning this conference & you’re trying to destroy it”

“We are winning this conference and you’re trying to destroy it,” had been the phrases of an irate Siboniso Duma, as he tried to calm spirited delegates from KwaZulu-Natal who tried to disrupt celebration president Cyril Ramaphosa’s deal with.

The group chanted songs in former president Jacob Zuma’s favour, as Ramaphosa delivered his political report at the convention.

[WATCH] @ANCKZN provincial chairperson Siboniso Duma attempting to manage unruly members of the KZN delegation who began chanting throughout celebration president @CyrilRamaphosa’s political report speech. @_NMabaso pic.twitter.com/cLJ5EpG8iZ

‘ EWN Reporter (@ewnreporter) December 16, 2022

4. David van Rooyen calls Ramaphosa “the enemy of progress”

Former Cogta and Finance Minister, David van Rooyen implored ANC presidential hopefuls – Lindiwe Sisulu, Zweli Mkhize, Nkosazana Dlamini Zuma to “unite so that we can defeat this enemy.”

Addressing a handful of Umkhonto Wesizwe Military Veterans Association members on Friday, van Rooyen said sanity should prevail.

“We appeal with you as a community of military veterans that unite so that we can defeat this enemy. The enemy of our progress…the champion of the Western within the development agenda of the African National Congress. The writing is on the wall, our president is not led by ANC, he is led by somewhere else.”

“Let sanity prevail and the three of you see to it that we have one candidate to contest for this presidency.”

(*1*)

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