The Free State High Court in Bloemfontein will on Monday deliver its judgment on the legality of the arrest and deportation of Dr Nandipha Magudumana.
Magudumana, who was detained alongside convicted murderer and rapist Thabo Bester in Arusha, Tanzania in April, has challenged her arrest through an urgent application seeking immediate release from custody.
Presiding over the case, judge Philip Loubser is anticipated to deliver the verdict on the application, thereby deciding whether Magudumana will be released from detention at the Kroonstad Correctional Centre or whether she will continue to be held in custody.
Last week, Magudumana’s legal representative advocate Anton Katz argued that his client’s deportation was disguised as an illegal extradition, alleging collusion between South African and Tanzanian officials.
In response, advocate Neil Snellenburg, representing the SA Police Service and the National Prosecuting Authority, told the court that Magudumana had failed to meet the requirements to bring an urgent application.
Snellenburg criticized the timing of the application, alleging that there was no justification provided for its urgency.
Additionally, he highlighted that Magudumana had not objected to boarding a plane, suggesting that she did not express a strong desire to return to her children.
“The applicant had more than enough time to bring this application and has not told the court why this matter is urgent. This is an abuse of process.
“Also, the applicant did not mention in her founding affidavit that she had told officials that she wanted to go home because she is a mother. At no time at all did the applicant object to getting on the plane that supports that she wanted to come home to her children,” he argued.
Loubser acknowledged the gravity of the case and stated that he would carefully consider all submissions made by the parties involved before reaching a just conclusion.
The verdict, eagerly awaited by Magudumana and her legal team, is expected to set a precedent regarding the interpretation of the circumstances surrounding her arrest and deportation, shedding light on the collaboration between South Africa and Tanzania in such cases.
The judgment will also likely provide legal clarity on the distinction between deportations and extraditions, and the obligations of both countries in these processes.
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