Dr Nandipha’s application: Judgment to be heard on 5 June

The judgement in celebrity doctor Nandipha Magudumana’s urgent application to have her arrest declared unlawful will be heard on Monday, 5 June at the Free State High Court in Bloemfontein.

On Thursday, 1 June, legal representatives for Magudumana and respondents in the matter argued in court on whether or not her arrest in Tanzania was unlawful. Magudumana who was arrested in Arusha, Tanzania along with her boyfriend Thabo Bester filed an urgent application to have her arrest declared wrongful and unlawful.

LATEST ON DR NANDIPHA MAGUDUMANA’S URGENT APPLICATION

Judge Phillip Loubser said the judgement will be handed down on Monday, 5 June at 10:00 as he does not intend on taking weeks before coming to a just conclusion.

As previously reported by The South African, Magudumana wants her “apprehension, arrest and abduction” in Arusha, Tanzania, on 7 April, her transportation to South Africa, and her local arrest to be undone.

Magudumana is one of eight people the State accuses of aiding and abetting the prison escape and she is currently imprisoned in Kroonstad.

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Adv Anton Katz SC is representing Dr Nandipha Magudumana, as she argues that her continued detention is unlawful and the deportation from Tanzania is actually an unlawful extradition. @TheAgenda_SABC #SABCNews pic.twitter.com/nPp58SPUG9

— Aldrin Sampear (@AldrinSampear) June 1, 2023

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LAWYER ARGUES DEPORTATION WAS A DISGUISED EXTRADITION

When he started his argument on Thursday, Katz said it needs to be established what Home Affairs and South African Police Service (SAPS) officials were doing in Tanzania. He then went on to explain the difference between a deportation and an extradition.

Katz said they will show Magudumana’s deportation was a disguised extradition where there was collusion between South African authorities and Tanzania.

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The Senior Counsel argued that Magudumana did not agree to be deported, which defies international laws stipulating that Magudumana should have been made aware of her rights and asked for her consent.

Katz claimed that officials from South African police and home affairs went against protocols in bringing Magudumana back to South Africa to face charges related to Bester’s escape from the Mangaung Correctional Centre in May 2022.

“The facts demonstrate that this was an extradition,” he said.

This article was originally published by NOKWANDA NCWANE.