The Bloemfontein magistrate’s court has dismissed Nandipha Magudumana’s bail application.
Magudumana and her lover and convicted criminal Thabo Bester were apprehended in the Republic of Tanzania on April 7 and deported to South Africa on April 13.
She is currently facing charges of fraud and corruption, violating a corpse, harbouring and concealing an escaped offender, and defeating the ends of justice.
During the bail proceedings, her lawyer argued that Magudumana was forced by Bester to flee to Tanzania.
He also argued that the charges she faces should not be classified as schedule five offences but schedule one instead.
He told the court that Magudumana could afford a R10 000 bail and should be released because she had strong family ties and had no reason to evade justice.
In her ruling, magistrate Estelle de Lange expressed concern about Magudumana being a potential flight risk.
She noted that no bail conditions would suffice to alleviate this concern. Notwithstanding the absence of prior convictions on her record was acknowledged.
“The applicant is a flight risk, and no bail conditions will assist. I find that she didn’t satisfy the court that she be released on bail,” said De Lange.
Regarding her claim of being forced to leave the country, De Lange noted that although she alleged that she was kidnapped, there was insufficient evidence to support the claim.
De Lange emphasized that Magudumana’s significant movable assets, valued at over R1-million, and her ability to cross multiple borders suggested that she possesses the means and the know-how to potentially evade prosecution.
“The evidence before the court indicates that she has the means to go out of the country without a passport.
“Allowing her to go out on bail will allow the applicant enough time to facilitate another escape for Mr Bester,” said the magistrate.
She said Magudumana’s claims of kidnapping were only substantiated by an affidavit, and no complaints regarding her treatment while incarcerated had been received by the court.
Magudumana also faces at least additional six other criminal cases of fraud totaling more than R20-million.
In a case reported at the Sinoville police station in Pretoria, she is facing accusations of being involved in a scam worth R15-million.
Additionally, she is alleged to have engaged in dishonest activities involving R500 000 in Sandton, R1.2-million in Randburg, R5.1-million in Benoni, R150 000 in Durban north, and another claim of fraud amounting to R900 000 at the Randburg police station.
According to De Lange, the charges against Magudumana are in the correct criteria, being schedule five offences.
The magistrate addressed the issue of the classification of the charges, stating that corruption falls under schedule five if it exceeds R500 000.
Magudumana is due back in court on October 11 together with Bester and nine others accused of partaking in Bester’s cinematic escape from the Mangaung Correctional Centre in May 2022.
So far, all the accused but Bester and Magudumana have been released on bail.
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