SCA grants leave to appeal in Dr Nandipha Magudumana’s repatriation case

The Supreme Court of Appeal (SCA) has granted Dr Nandipha Magudumana’s request for leave to appeal the Free State High Court in Bloemfontein’s ruling that dismissed her application to declare her repatriation from Tanzania unlawful.

“Leave to appeal is granted to the Supreme Court of Appeal,” the court said on Friday afternoon.

“The costs order of the court a quo in dismissing for application of leave to appeal is set aside, AND the costs of the application for leave to appeal in this court and the court a quo are costs in the appeal. If the applicant does not proceed with the appeal, the applicant is to pay these costs.”

In July, the High Court dismissed Magudumana’s application after she sought permission to approach the SCA to make a determination on the legality of her arrest in Tanzania.

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Judge Phillip Loubser 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.

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

Thabo Bester escape

Magudumana was arrested with convicted rapist and murderer Thabo Bester in Arusha, Tanzania, for her alleged role in his prison escape from the Mangaung Correctional Centre on 3 May 2022, after faking his death in a staged jail cell fire.

She is facing charges of fraud, corruption, arson, violation of a body, and defeating the ends of justice.

On 12 October, Magudumana opened a criminal case against the Department of Correctional Services, alleging assault.

She claimed she was assaulted at the Bizzah Makhate Correctional Centre in Kroonstad, where she is detained in the prison’s hospital wing.

Additional reporting by Molefe Seeletsa