Court rejects Dr Nandipha Magudumana’s appeal challenging arrest in Tanzania

The Free State High Court in Bloemfontein has dismissed Dr Nandipha Magudumana’s application for leave to appeal her arrest.

Magudumana sought permission to approach the Supreme Court of Appeal (SCA) to make a determination on the legality of her arrest in Tanzania.

Her initial application challenging her arrest was dismissed by the Free State High Court last month.

ALSO READ: ‘SCA will reach a different conclusion’: Lawyer denies Dr Nandipha consented to her arrest in Tanzania

The court found that the process used to bring Magudumana back to the country was extradition “without due process” rather than a deportation.

However, it ruled in favour of the South African Police Service (Saps), the National Prosecuting Authority (NPA) and Home Affairs on the basis that she consented to be brought back to the country so she could see her children.

‘Submissions cannot be successful’

Delivering his judgment on Tuesday, Judge Phillip Loubser rejected the argument presented by Magudumana’s lawyer last week that his client can never consent to “an illegality”.

The defence maintained that her deportation was a “disguised extradition“, further arguing that the SCA would reach a different conclusion.

But Loubser once again agreed with the respondents’ version that Magudumana wanted to see her children.

“This was the true nature of her consent and in my view the other cases referred to are therefore distinguishable from the present case.

READ MORE: Saps and NPA deny Magudumana’s claims of unlawful arrest, arguing her application is abuse of court process

“Insofar as the applicant contends 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, I therefore respectfully disagree,” he said.

Loubser added that Magudumana’s rights were not violated when she was extradited and threw out Magudumana’s appeal application with costs.

“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 could come to a different conclusion or that there are other compelling reasons why the matter proceed on appeal,” the judge ruled.

Watch the proceedings below:

Bester escape

Magudumana is facing charges of fraud, corruption, arson, violation of a body and defeating the ends of justice for her alleged role in the prison escape of convicted rapist and murderer Thabo Bester.

Her co-accused included her father Zolile Cornelius Sekeleni, former G4S employees Senohe Matsoara, Buti Masukela, Tieho Frans Makhotsa and Nastassja Jansen, and Integriton CCTV technician Teboho James Lipholo, Zanda Moyo, Joel Makhetha, Thabang Mier and Moeketsi Ramolula.

Seven of 12 arrest suspects in the case have been released on bail.

They will all return to court on 8 August.

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