The High Court in Bloemfontein has granted the former personal assistant of the former Free State premier Ace Magashule her request for a trial-within-a trial in the asbestos case.
Moroadi Cholota was extradited from the US in August last year.
She has insisted since then that South African courts cannot put her on trial due to the manner in which she was extradited.
Judge Phillip Loubser said in delivering judgment that the state failed to refer the court to case law that demonstrates why the accused’s special plea for no jurisdiction should not be granted.
The case relates to a R255 million tender awarded in 2014 for the removal of asbestos roofing in the Free State. Magashule and 17 co-accused have pleaded not guilty to charges including fraud, corruption, and money laundering
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