The Bloemfontein magistrate’s court has postponed Nandipha Magudumana’s bail application to September 4.
During the proceedings on Wednesday, Magudumana’s legal representative Frans Dlamini made a compelling argument centred around the classification of the offence she is accused of committing.
Dlamini contended that the state’s case did not meet the criteria for a schedule five offence, which typically encompasses serious crimes such as treason, murder, rape, and drug-related offences.
Instead, he emphasized that the charges against Magudumana fell under a schedule one offence, which carries less severe implications.
Magudumana and her lover Thabo Bester were apprehended in the Republic of Tanzania on April 7 and were subsequently 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.
In addition to these charges, Magudumana is facing at least six criminal other cases of fraud totaling more than R20-million.
In a case reported at the Sinoville police station in Pretoria, Magudumana 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.
Dlamini questioned the evidence presented by the state, stating that the allegations in the charge sheet lacked the necessary support.
He queried why the state was bringing forward allegations that lacked evidentiary backing and challenged the absence of crucial details in the affidavit.
Dlamini strongly contested the notion that the state possessed overwhelming evidence against Magudumana, and criticised the charges as an attempt to complicate her chances of securing bail.
He also called into question the credibility of the evidence, asserting that it was unsubstantiated and poorly presented.
“Where is the overwhelming case? The state was actually trying to decorate charges in order to make it difficult for the applicant to be granted bail.
“I submit that this is not a schedule five [offence], it’s a schedule one offence and therefore the onus of proof is not on the applicant, but it is on the state,” Dlamini said.
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