Home Affairs, NPA and Saps accuse Magudumana of lying about Tanzania arrest

South African law enforcement authorities have disputed Dr Nandipha Magudumana’s claims that she was unlawfully arrested in Tanzania.

The Department of Home Affairs, the National Prosecuting Authority (NPA), and the South African Police Service (Saps) have collectively accused the aesthetics doctor of lying about the circumstances surrounding her arrest in Arusha last month.

The authorities have also denied Magudumana’s claim that she was blindfolded and handcuffed during her arrest in the East African country along with her alleged boyfriend, convicted rapist and murderer, Thabo Bester.

Thabo Bester prison escape

Magudumana faces multiple charges including fraud, defeating the ends of justice, and assisting an inmate to escape from prison in connection with Bester’s daring escape from Mangaung Correctional Centre in May last year after he faked his death.

ALSO READ: Nandipha Magudumana wants her arrest in Tanzania declared ‘wrongful and unlawful’

Magudumana has filed an urgent application at the Bloemfontein High Court, seeking a declaration of her arrest in Tanzania and subsequent deportation to South Africa as unlawful. She also requests the dismissal of the charges against her for allegedly aiding Bester in his escape from prison.

An urgent hearing for her application has been scheduled for Thursday.

Answering affidavits

In response to Magudumana’s allegations, the Department of Home Affairs submitted answering affidavits, denying her claim that she was arrested by Saps members in Tanzania, instead asserting that she was handed over to South African immigration officials.

According to the department, both Magudumana and Bester were deemed to have unlawfully entered Tanzania, with South African officials playing a passive role as Tanzanian immigration officials transferred the two individuals to the South African High Commission.

RELATED: Home Affairs issues ID to Thabo Bester

Home Affairs maintains that Magudumana’s arrest by Saps took place upon her arrival at Lanseria International Airport, following her deportation alongside Bester. The department said that their actions in the deportation process were in accordance with the Vienna Convention, Customary International law, and Tanzanian immigration laws.

‘Order’ and ‘behest’ of Tanzanian govt

In their court papers, police and the director of public prosecutions in the Free State also challenged the aesthetics doctor’s version of events on what happened during her arrest.

Saps argues that Magudumana’s deportation was at the “order” and “behest” of the Tanzanian government.

READ: Home Affairs to revoke Magudumana’s passport, demands that she drops her case challenging arrest

According to Saps, Magudumana’s founding affidavit did not provide any explanation regarding the time and manner in which she and Bester entered Tanzania, as there are no official records of their legal departure from South Africa.

Regarding the urgency of Magudumana’s application, the police argued that it should be dismissed due to the fact that her arrest occurred over a month ago and she did not timely approach the courts to challenge the alleged unlawful arrest.

Bail

On Monday, the Bloemfontein Magistrate’s Court granted bail to one of the five former Mangaung prison officials accused of helping Bester in his jailbreak.

Magistrate Mohlolo Khabisi on Monday delivered his judgment on the bail applications of former G4S employees Senohe Matsoara, Buti (Motenyane John) Masukela, Tieho Frans Makhotsa and Nastassja Jansen, and Integriton CCTV technician Teboho James Lipholo.

Magistrate Khabisi approved a bail amount of R10 000 for Jansen, considering the state’s case against her was “porous”. However, the remaining four accused were denied bail due to the presence of prima facie evidence against them.

Another accused in the case, Magudumana’s father, Zolile Cornelius Sekeleni, is currently out on R10 000 bail.

All eight accused in the matter are expected back in court on 20 June 2023.

NOW READ: Court denies bail to 4 of 5 accused in Thabo Bester case