The Bloemfontein magistrate’s court is expected to deliver its ruling on the bail application Nandipha Magudumana on Monday.
Magudumana applied two weeks ago after having failed to win a high-stakes court battle against her deportation from the Republic of Tanzania.
Subsequently, she had a change of heart and applied for bail, seeking release on a bail amount of R10 000, like nine other accomplices in the case involving the infamous Thabo Bester.
In a dramatic turn of events during the bail proceedings, Magudumana claimed that her lover, convicted murderer and rapist, Bester forced her to flee the country.
This despite their initial court appearances, where they drew attention by displaying public affection in the dock.
Recently, Magudumana’s demeanour seemed to have shifted dramatically during her bail application, where she appeared distraught and was sometimes seen shedding tears.
Her lawyer, Machini Motloung has argued vehemently for her release on bail contending that the couple’s conduct in court, should not affect Magudumana’s bail bid.
Motloung raised questions about the relevance of Magudumana’s demeanour in court and argued: “What is the state attempting to say here?
“Is it because the applicant alleges that she was instructed and commanded to alight into a vehicle and leave the country?
“What does that have to do with if the applicant, at that particular time, they are saying she was smiling? How does that negate what happened four months ago?”
Nature of charges
Magudumana and 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, Dlamini made a compelling argument centred around the classification of the offence Magudumana is accused of committing.
He 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.
In addition to these charges, Magudumana is facing at least six criminal other cases of fraud totalling 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 further 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.
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