In a dramatic turn of events, Dr Nandipha Magudumana, the controversial figure linked to convicted criminal Thabo Bester, is set to take her legal battle to the Constitutional Court.
This follows the Supreme Court of Appeal’s (SCA) majority ruling on May 16 that declared her deportation from Tanzania in April 2023 lawful, dismissing her appeal against a Free State High Court decision.
The SCA, in a judgment delivered by Justice Tati Makgoka, upheld the high court’s ruling, dismissing the appeal with costs.
The majority of the five-judge bench found no evidence to support Magudumana’s claims of unlawful arrest by members of the South African Police Services in Tanzania.
Magudumana, arrested alongside Bester in Arusha, Tanzania, claims her deportation was a “disguised extradition” that violated her rights and bypassed legal protocols under South Africa’s Extradition Act.
Her legal team, led by attorney Machini Motloung, argues that the SCA’s decision overlooked critical procedural irregularities.
Extradition laws breached
In her affidavit, Magudumana alleges she was arrested by South African police on April 6, 2023, and “forcefully abducted” from Tanzania without being informed of her deportation or provided an opportunity to contest it.
She contends that this breached international extradition laws and her constitutional rights, rendering her detention in South Africa unlawful.
Motloung stressed that the SCA’s minority judgment, which found merit in her claims, strengthens their case for appeal in the Constitutional Court.
The SCA’s ruling was a major setback for Magudumana, who has consistently challenged the legality of her arrest since her return to South Africa.
The court found that her deportation complied with Tanzanian and South African legal frameworks, clearing a major hurdle in her ongoing criminal case.
Magudumana faces charges related to aiding Bester’s escape from Mangaung Correctional Centre, alongside allegations of fraud and corruption.
Her legal battles have gripped the nation, with many questioning whether her high-profile status as a medical doctor and entrepreneur influenced the handling of her case.
Also Read: Nandipha Magudumana’s appeal dismissed by Supreme Court of Appeal
