Dr Nandipha Magudumana.
Johannesburg - The Bloemfontein High Court has dismissed with costs, Dr Nandipha Magudumana’s application for leave to appeal against her arrest.
Yesterday, Judge Philip Loubser upheld the high court ruling on Magudumana’s arrest, meaning she is denied permission to appeal a ruling declaring her arrest illegal.
“The version that the applicant had consented to the disguised extradition process nor is it her version that she had actually consented to anything that was taking place at the time. It is simply their version: they wanted her to return to South Africa with her children. This was proof of her consent, in my view. The other cases referred to are therefore distinguishable from the present case,” said Loubser.
He disagreed with the applicant’s contention that the Supreme Court of Appeal should be allowed to consider whether a person may or may not consent to an unlawful and unconstitutional act, he disagrees.
“Having regard to all the submissions made on behalf of the applicant in the present application for leave, I am of the view that those submissions cannot be successful in light of the findings of fact made by this court in the application launched by the applicant.
“I am therefore not persuaded that another court will come to a different conclusion or that there are other compelling reasons why the matter should proceed on appeal. The order is made, and the application for leave to appeal is dismissed with costs,” Loubser said.
Magudumana’s lawyer, Machini Motloung, said they still had other avenues to explore.
Legal analyst, Nthabiseng Dubazana, from Dubazana Attorneys said that Magudumana’s legal team was likely looking at petitioning a higher court to relook at the dismissal of the appeal.
“Making an appeal to the constitutional Court, the legal team would have to prove that this case has some impact on any constitutional aspect before the court can hear it. I do not see at this stage if there is any constitutional leg for them to stand on,” Dubazana said.
In June, Magudumana approached the court, seeking to have her arrest in Tanzania overturned and her subsequent deportation to South Africa declared unlawful; however, she lost her bid.
Then, Judge Loubser made a ruling that her arrest was unprocedural but dismissed the application on the basis that she consented to being brought back to the country.
Magudumana and her lover, killer and rapist Thabo Bester, fled the country in April amid reports that Bester had faked his death and escaped from the Mangaung Correctional Facility in May last year. The two were arrested in Arusha, Tanzania, a few kilometres from the Kenyan border.
The Mangaung facility was run by G4S Security Company, and a number of its former employees were arrested in connection with the escape saga.
Magudumana has been charged with fraud, defeating the ends of justice, violating a body, aiding and abetting an inmate to escape from lawful custody, corruption, and arson.
Twelve people have been arrested in connection with Bester’s escape, including Bester himself; they are expected back in court on August 8, 2023.
Magudumana opted not to apply for bail in the criminal case.
Dubazana said the right to apply for bail does not expire, and as such, she could apply for it at any stage.
The Star