Court dismisses Nandipha Magudumana’s application to have her arrest declared unlawful
The Free State High Court in Bloemfontein has dismissed celebrity doctor Nandipha Magudumana’s application for leave to appeal an earlier ruling on the legality of her arrest and deportation to South Africa. Magudumana was arrested in Arusha, Tanzania with her partner convicted criminal and rapist Thabo Bester. They were deported to South Africa earlier in April. […]
The Free State High Court in Bloemfontein has dismissed celebrity doctor Nandipha Magudumana’s application for leave to appeal an earlier ruling on the legality of her arrest and deportation to South Africa.
Magudumana was arrested in Arusha, Tanzania with her partner convicted criminal and rapist Thabo Bester. They were deported to South Africa earlier in April.
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Magudumana wanted to approach the Supreme Court of Appeal (SCA) to appeal the judgement, however, Presiding Judge Philip Loubser dismissed her application with costs saying he is not convinced that the case a prospect of success and that a different court might come to a different conclusion.
Magudumana alleged South African police in Tanzania abducted her and contended that since her arrest was unlawful, the criminal proceedings against her in the Bester escape case were null and void, and she should be released from the Bizzah Makhate Correctional Centre in Kroonstad where she is held.
She is accused of fraud, defeating the ends of justice, violating a body, aiding and abetting an inmate to escape from lawful custody, corruption and arson.
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Judge Philip Loubser’s dismissed the urgent application with costs—a pricey defeat.
According to the initial judgement, when the appellant was handed over to the Department of Home Affairs officials, she offered no resistance and reportedly told everyone that she wanted to return to South Africa for her children.
Loubser found that Maguduman’s “deportation” from Tanzania was disguised as extradition. However, he ruled against her because she willingly left the country.