By Lehlohonolo Lehana.
The Supreme Court of Appeal (SCA) on Thursday, has reserved judgement in Dr Nandipha Magudumana’s bid to be immediately released from custody and the charges against her be declared “null and void”.
Magudumana was arrested in Arusha, Tanzania alongside Thabo Bester, on April 12.
In June, the Free State high court ruled that Magudumana, who accused the police of abducting her, consented to return to South Africa and told law enforcement she wanted to see her children.
While that court concluded that officials had acted unlawfully, it held that Magudumana had consented to come back to South Africa, to be with her children, and that when she was handed over to Department of Home Affairs officials by the South African High Commission, she offered no resistance.
Judge Phillip Loubser ruled that her constitutional rights had not been violated. He refused her application for leave to appeal.
But the SCA has agreed to hear her case.
During the proceedings, Advocate Anton Katz has questioned the presence of South African officials during the arrest of Magudumana in Tanzania.
“A delegation of South African officials travelled to Tanzania to determine whether that was true or not, that within 48 hours, she was on a chartered plane, having been handed over to South African officials.
“The question arises, which is not answered on the papers and not answered in heads of argument, on what legal basis were the police and the Home Affairs officials entitled to leave Lanseria Airport on the 12th, charter a plane, and arrive in Tanzania to do anything?”
Katz told the SCA that Magudumana did not agree to be extradited.
“On the same day, a notice of prohibition was signed, and she says it’s not contested, that she saw it for the first time, that she saw the prohibited immigrants’ notice for the first time when it was filed as part of the papers in this case. There’s no suggestion that it was given to her, that she saw it, that she knew her rights. There’s none of those issues.”
Magudumana faces multiple charges related to the 2022 prison escape of her accomplice Bester.
Advocate Neil Snellenburg, representing the Department of Home Affairs, Saps, and the Director of Public Prosecutions (DPP) in the Free State, argued that Magudumana had failed to present a valid case.
“There is no merit in any argument to say they coerced or used stealth to reel the applicant to get on that plane.There’s no conduct whatsoever on the part of the Saps,” he said.
Snellenburg stated that it had not been disputed that Magudumana expressed a desire to return home to her children.
He also pointed out that the police presence was justified due to Bester’s status as a convicted rapist and murderer.
The National Prosecuting Authority (NPA) says it is confident that the SCA will rule in their favour by dismissing Magudumana’s application.
The bench fiercely interrogated Magudumana’s assertion that she was unlawfully detained in Tanzania.
“Look we have always maintained that the process of her deportation from Tanzania to South Africa which led to her arrest in Lanseria Airport was a seamless one. It was above board, there was nothing untoward and you could hear from the arguments and the line of questioning from the judges that definitely the ruling will be in our favour. We are hoping the application for appeal will be dismissed,” says NPA spokesperson Mthunzi Mhaga.