The Bloemfontein magistrate’s court on Monday was the stage for an emotional plea for bail from ill-famed Nandipha Magudumana, the purported accomplice in Thabo Bester’s daring prison escape in May 2022.
Magudumana and Bester, who were romantically involved, fled the country, seeking refuge in Tanzania before their arrest in April 2023.
During their initial court appearances, the couple drew attention by displaying public affection in the dock.
However, Magudumana’s demeanour seemed to have shifted dramatically during her recent singular court sessions, where she appeared distraught and was, in some instances, seen shedding tears.
Magudumana had initially chosen to abandon the opportunity for bail to contest the legality of her deportation, but in July, the high court in Bloemfontein dismissed her application for leave to appeal.
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.
Machini Motloung, Magudumana’s defence lawyer argued vehemently for her bail during the proceedings in the magistrate’s court on Monday.
He contended that the couple’s conduct in court, notably their public displays of affection, should not impact Magudumana’s bail application.
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?”
He further argued that Magudumana should be granted bail due to her strong family ties, asserting that she had no reason to evade trial.
Motloung emphasized: “My submissions are that the evidence in as far as personal circumstances are concerned is not riddled with any improbabilities, not far-fetched, succinct to the point that the applicant has strong family ties within the area where she resides, including strong family and occupational ties within the Republic of South Africa.”
He contested the state’s claim that Magudumana had not contacted her children since her incarceration, stating that the argument lacked evidential support.
Additionally, the defence attorney pointed out that Magudumana had already spent a considerable time in prison while awaiting the state’s investigations, emphasizing that she had not contributed to any delays in the case.
In a heartfelt statement issued from Bizzah Makhete Correctional Centre in Kroonstad in August, Magudumana claimed that she suffered physical and sexual abuse at the hands of high-esteemed men.
In her message, Magudumana outlined the difficulties she has faced since her fall from grace, stating that she has resorted to finding strength in deep conversations with God during these challenging times.
“The many painful times I have suffered physical, emotional, financial and sexual abuse at the hands of powerful men, including some of the most powerful and prominent families in South Africa currently occupying the highest offices in government and business.
“My painful experience at the correctional facility including the plight of woman inmates and the violation of their human rights. I would like to assure you that I am holding on, in faith,” she said.
In her closing statements, Magudumana expressed her longing for her children and her determination to fight for their reunion.
“Lastly and most importantly, to my beautiful children, I miss you so much and mommy loves you.
“Mommy is fighting with everything she has to be with you again. I will see you soon.”
Allegations of inhumane treatment towards Magudumana and Bester emerged from the previous court appearance as highlighted by their legal representatives in August.
The alleged treatment conditions during their detention and transit from Tanzania, where they were caught, are being investigated. The duo will return to court on October 11 for a joint appearance.
Meanwhile, the court will now deliberate on Magudumana’s bail application, taking into account her personal circumstances and the arguments presented by her legal team and a decision will be delivered on September 11.
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