In the matter of Ace Magashule’s former personal assistant, Moroadi Cholota, one wonders if our judges are not over technical and lacking common sense.
It seems Cholota is off the hook without a trial, all due to the finding that the extradition was unlawful in that the wrong party requested it. As a layperson this sounds like form over substance, and certainly not in the interests of justice.
Why is there necessarily a linkage between what was found as an unlawful extradition and the lawful arrest and laying of charges on SA soil? One could even go further and ask whether it was the US’s legal sovereign act of extraditing her that effected her return, not the SA request.
We have creative bookkeeping and creative court applications in SA, so maybe we need creative judgments too.
Sydney Kaye
Cape Town
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