Moroadi Cholota to sue state for constitutional damages

Court documents describe mental torture intimidation and coercion

- By Setumo Stone

Moroadi Cholota, the ex-personal assistant to former Free State premier Ace Magashule, is set to launch a constitutional damages lawsuit against the South African state.

The claim is founded on what court documents already describe as “intimidation, coercion and mental torture” by state officials in the high-profile prosecution that has gripped the country.

In contrast to suing for unlawful arrest, suing for constitutional damages involves seeking compensation for violations of constitutional rights enshrined in the constitution, including unlawful arrest.

In Cholota’s case, constitutional damages offer a pathway to address state-enabled trauma beyond mere detention. She would argue that her return to South Africa through extradition from the US was not only unlawful but also a humiliating spectacle orchestrated by the very government meant to protect her constitutional rights, Sunday World learnt.

The Free State High Court found on Tuesday that the NPA did not have jurisdiction to apply for extradition, which should be the role of the justice department.

In the heads of argument to support her now dismissed criminal charges, Cholota’s legal team, led by Advocate Loyiso Makapela, alleges that her constitutional rights were “grossly infringed” during investigations and subsequent legal proceedings.