Dr Nandipha Magudumana’s appeal over her arrest in Tanzania in the Free State High Court
Dr. Nandipha Magudumana’s plea for bail was heard on Friday, July 14, 2023, at the Free State High Court in Bloemfontein but the issue of consent was a matter of contention during the hearing. The court heard, Dr. Nandipha Magudumana told everyone willing to listen that she wanted to go home. Reportedly, the lawyer of Dr. Nandipha Magudumana argued that she could never have consented to illegal extradition. Therefore, the court has reserved its decision which will be announced on July 18, 2023. However, the court dismissed Dr. Nandipha Magudumana’s appeal last month to declare her arrest and detention unlawful and wrongful. The same court will announce its decision on July 18, 2023. You should learn more information in the following sections of this article. Swipe down the page and take a look below.
Dr Nandipha Magudumana Latest News
Judge Philip Loubser although said the process used to bring Dr. Nandipha Magudumana to extradite to the country was evident. To bring her back to the country was an extradition without due process and not deportation, said Philip Loubser. However, Dr. Nandipha Magudumana was aware of the charges and she very well knew what she would face when she would be taken back to South Africa from Tanzania. In addition, Judge Loubser said she had consented to her removal because she wanted to be with her children. Continue reading this article and learn more details.
Kessler Perumalsamy, an advocate who is arguing for Dr. Nandipha Magudumana in the court, said there were grounds for her case to proceed in the Supreme Court of Appeal. Her advocate argued that one could never consent to illegality. He added, “I am okay with unconstitutional conduct.” Furthermore, her attorney maintained that if Dr. Nandipha Magudumana had consented to her extradition to South Africa, it should have been official. Kessler questioned during the hearing of her application, “Was she informed of the treaty between South Africa and Tanzania? What was she consenting to? Disguised extradition? Was it after Home Affairs exercised its powers unlawfully? When was consent made, and to whomever? Is it in writing?”
In April, Dr. Nandipha Magudumana was detained and arrested in Tanzania with her boyfriend Thabo Bester who escaped the prison. For the unversed, Dr. Nandipha Magudumana is the mother of two daughters from her previous marriage. While advocate Neil Snellenburg SC countered the defense by saying, There is no way Magudumana will convince any court that she abandoned some right to be stuck in Tanzania. According to the police, she told everyone willing to listen that she wanted to go home. Should they have left her in Tanzania when she wanted to come home?”. Stay tuned for further updates in this case. The judgment will be announced on July 18, 2023.
