Nandipha Magudumana. File Picture: Timothy Bernard African News Agency (ANA)
Pretoria – Dr Nandipha Magudumana’s legal team is preparing to appeal the Bloemfontein High Court’s decision that dismissed her urgent application to declare her arrest in Tanzania unlawful.
This is after the high court in Bloemfontein on Monday ruled that Magudumana had to remain in custody.
The court found Magudumana was infact extradited to South Africa, and not deported, but deemed this to be lawful as she had consented, telling officials she wanted to be with her kids.
Speaking to SABC News, Magudumana’s lawyer, Machini Motloung said Magudumana has given instructions that they should appeal the ruling.
“After zooming into the reasons given by the judge in his judgment, we took instructions and we are of the view that the next process is to appeal the judgment,” he said.
Motloung said Judge Philip Loubser confirmed their argument that Magudumana’s deportation was in fact an extradition which lacked proper process.
“All that the judge then had concerns with, is the issue of consent, that she consented to an illegal act, and in our view, we will take exception to that conclusion, hence our view that the decision by the Free State High Court in this particular instance is appealable,” he said.
In his judgment, Loubser said the South African delegation knew that when the Tanzanian government was handing over Magudumana, it would be for purposes of her prosecution, they were extraditing Magudumana and not deporting her.
Loubser ruled against Magudumana because she had willingly consented to leave the country.
To support his decision, Loubser referred to a case law, determined by the Supreme Court of Appeal, which held that there is no violation of a person's fundamental human rights or international law if they consent to be transported from a foreign jurisdiction for criminal investigation.
Magudumana fled South Africa with her boyfriend, convicted rapist and killer Thabo Bester, in April.
Bester was serving a life sentence in the Manguang Correctional Centre when he made a daring escape by faking his own death in May 2022.
Magudumana has been charged with fraud, defeating the ends of justice, violating a body, and aiding and abetting an inmate to escape from lawful custody, corruption and arson.
She is being held at Bizzah Makhate Correctional Centre in Kroonstad.
IOL