The Supreme Court of Appeal (SCA) in Bloemfontein has dismissed Dr Nandipha Magudumana’s appeal to declare her arrest and deportation from Tanzania unlawful. This significant ruling is tied to the high profile escape case of convicted rapist and murderer Thabo Bester.
The National Prosecuting Authority (NPA) welcomed the decision. NPA spokesperson Mthunzi Mhaga stated: “We welcome the dismissal of the deportation appeal. It vindicates our long-held view that the deportation of Magudumana from Tanzania in 2023 was above board.”
Clears major legal hurdle for prosecution
The ruling clears a major legal hurdle for the prosecution as the case against her, listed as accused number one, progresses towards trial in July 2025.
Magudumana, a medical practitioner, is accused of orchestrating Bester’s escape from Mangaung Correctional Centre in May 2022, where he was serving a life sentence for rape and murder.
The escape allegedly involved faking Bester’s death in a prison fire, after which the couple fled South Africa.
They were apprehended in Tanzania in April 2023, leading to Magudumana’s return to the country. She challenged the legality of her arrest and deportation, arguing that her detention in Tanzania was unlawful. She also argued that her consent to return to the country was coerced. The process violated her rights, rendering South African courts’ jurisdiction invalid, she said.
Challenged her deportation
After the Free State High Court rejected her application to nullify her arrest, Magudumana escalated the matter to the SCA. She sought to have the charges against her dismissed and to secure her release.
The SCA, in a judgment delivered by Justice Tati Makgoka, upheld the high court’s ruling. It dismissed the appeal with costs. Majority of the five-judge bench found no evidence to support Magudumana’s claims of unlawful arrest by the South African Police Services (SAPS) in Tanzania.
The NPA maintained that Magudumana was not arrested in Tanzania and had consented to her return, a position the SCA endorsed. A minority judgement expressed a dissenting view. However, the majority ruling prevailed, affirming the legality of the deportation process.
Role in Bester escape
This decision strengthens the prosecution’s case as they prepare to try Magudumana and her co-accused for their alleged roles in Bester’s escape, a case that has captivated public attention due to its sensational details, including allegations of faked deaths and corruption within the prison system.
The NPA’s satisfaction with the ruling reflects their confidence in the legal process. Mhaga’s statement underscores their readiness to proceed with the criminal case. It has faced delays due to Magudumana’s legal challenges.
The SCA’s dismissal of the appeal ensures that South African courts retain jurisdiction. It paves the way for the trial to address the serious charges against Magudumana.
NPA optimistic
Legal analysts suggest that her legal team may consider an appeal to the Constitutional Court, leveraging the minority judgment. But the NPA remains optimistic about their case’s strength.
The ruling is a setback for Magudumana’s defence strategy. It has focused on procedural challenges to her arrest and return. She is currently detained at Bizzah Makgathe Correctional Centre in Kroonstad, Free State. Magudumana faces a trial that will scrutinise her alleged involvement in Bester’s escape.
