Dr Nandipha Magudumana’s Deportation Appeal Dismissed
By Thobeka Makume
The Supreme Court of Appeal has dismissed Dr Nandipha Magudumana’s appeal against her deportation from Tanzania, a landmark ruling delivered today, 16 May 2025. This decision ends a long legal battle over the lawfulness of her return to South Africa in April 2023 and clears the way for her trial, set for 21 July 2025, alongside her alleged partner, Thabo Bester. The National Prosecuting Authority (NPA) hailed the judgment as a victory for justice, while Magudumana’s legal team hinted at a possible final appeal to the Constitutional Court.
NPA Celebrates Court Victory
The NPA wasted no time in welcoming the Supreme Court of Appeal’s decision. In a statement released on 16 May 2025, the authority said, “The National Prosecuting Authority (NPA) welcomes the judgment of the Supreme Court of Appeal (SCA) dismissing the deportation appeal by Dr Nandipha Magudumana which was delivered today, 16 May 2025.” The NPA acknowledged a minority judgment that supported Magudumana’s appeal but stressed that the majority ruling strengthens their case.
The authority is now turning its attention to the trial, scheduled from 21 July to 19 September 2025 in the Free State Division of the High Court in Bloemfontein. Magudumana and her co-accused face 38 charges, including fraud, corruption, money laundering, assisting an inmate to escape, violation of the body, arson, and defeating the ends of justice. The NPA emphasized its dedication to justice, noting the case’s impact on the rule of law and the victims affected by these alleged crimes.
Mhaga: Deportation Was Lawful
NPA spokesperson Adv Mthunzi Mhaga spoke confidently about the ruling. “We welcome the dismissal of the deportation appeal. It vindicates our long-held view that the deportation of Dr Magudumana from Tanzania in 2023 was above board,” he said in an interview. Mhaga dismissed claims of misconduct by the team that escorted her back to South Africa, insisting there was “no untoward conduct” on their part.
He addressed the minority judgment, saying the NPA is ready to fight any further appeals. “In the event that they appeal to the Constitutional Court, we will vigorously and meticulously argue for the same application to be dismissed with costs,” Mhaga stated. He described the decision as “a boost and an injection in the confidence that the public has in the NPA and the entire criminal justice system.”
Mhaga also highlighted other legal wins, such as the Constitutional Court’s dismissal of Thabo Bester’s requests for a laptop and better treatment in custody. “This demonstrates our resolve and our prosecutorial arsenal and machinery that will ensure effective and successful prosecution of both Thabo Bester, Dr Magudumana, and the rest of the accused,” he added.
The Thabo Bester Escape: How It All Began
Dr Nandipha Magudumana, a respected medical doctor and businesswoman, found herself at the centre of a national scandal after Thabo Bester’s escape from Mangaung Correctional Centre in May 2022. Bester, a convicted murderer and rapist serving a life sentence, faked his death in a prison fire—a scheme allegedly orchestrated with Magudumana’s help. After the breakout, the pair fled to Tanzania, living under the radar until their arrest in Arusha in April 2023.
Magudumana’s arrest alongside Bester sparked outrage and fascination across South Africa. Authorities accused her of playing a key role in the escape, charging her with aiding and abetting, fraud, and violating prison security protocols. Her deportation to South Africa followed swiftly, but her legal team argued it was an illegal move, claiming it was a forced rendition rather than a proper extradition.
The case has drawn massive attention, not just for its daring plot but also for the questions it raises about corruption, prison security, and the justice system. Magudumana’s trial is seen as a test of South Africa’s ability to hold high-profile figures accountable.
A Long Legal Fight
Magudumana’s legal battle began in June 2023 when she asked the Free State High Court to declare her arrest and deportation unlawful. Judge Loubser dismissed the application, ruling that she had agreed to return to South Africa to be with her children. Unconvinced, her legal team took the case to the Supreme Court of Appeal, where it was heard in October 2024.
Advocate Anton Katz, leading her defence, argued that South African officials broke the law by removing her from Tanzania without following extradition rules. He pointed to irregularities in her arrest, calling it a forced rendition.
The Supreme Court of Appeal’s five justices grappled with these claims, delivering a split decision on 16 May 2025. Four justices dismissed the appeal, while one dissented, agreeing with Magudumana’s team.
The split ruling has fuelled speculation about what comes next. The dissenting judgment could give Magudumana’s lawyers a foothold to challenge the decision further, possibly at the Constitutional Court.
Legal Team: “Dismissed but Not Despondent”
Machini Mudong, Magudumana’s legal representative, shared his reaction to the ruling. “We are dismissed but not despondent. We still remain resolute,” he said. Mudong explained that the team needs time to study the full judgment, including the dissenting opinion, to decide their next move. “We cannot rule out the possibility of approaching the apex court for relief,” he added, referring to the Constitutional Court.
Mudong admitted the loss stung but said they were not giving up. “We still have faith in our case that we have a meritorious case,” he said. He recalled the tough questioning from the justices during the October 2024 hearings, noting, “There was a fierce interrogation coming from the five justices here at the Supreme Court of Appeal, questioning the processes that followed from when Dr Nandipha Magudumana was arrested to her being brought back to South Africa.”
He plans to meet Magudumana soon to discuss the outcome. “Naturally she would be disappointed, but I don’t think she’ll be discouraged,” Mudong said, adding that they will weigh their options carefully.
What’s Next for the Trial?
The dismissal of Magudumana’s appeal paves the way for her trial to start on 21 July 2025. The NPA is eager to move forward, with Mhaga stressing that they will ensure “the trial proceeds without any unreasonable delay.” The case will be heard in Bloemfontein, where Magudumana, Bester, and their co-accused will answer to a long list of charges tied to the prison escape and its fallout.
However, the possibility of a Constitutional Court appeal looms large. If Magudumana’s team takes that step, it could push the trial date back, frustrating the NPA’s plans. The split judgment gives her lawyers a glimmer of hope, as the dissenting justice’s view aligns with their argument that her deportation was unlawful.
The trial’s delay has already been influenced by other legal hurdles. Bester’s failed bid for a laptop, specific food, and clothes—rejected by the Constitutional Court—added to the case’s complexity. With these issues now resolved, the focus is squarely on the courtroom showdown ahead.
A Case That Shook South Africa
The Thabo Bester escape saga has gripped the nation since it broke in 2022. Bester’s elaborate plan to fake his death, allegedly with Magudumana’s help, exposed glaring weaknesses in prison security. The fire he set to cover his tracks left a body in his cell—later revealed to be someone else—while he slipped away to Tanzania. Magudumana, once a respected figure, became a symbol of controversy as details of her alleged involvement emerged.
Public reaction has been a mix of shock and anger. Many see the case as a wake-up call for tighter controls in correctional facilities and a crackdown on corruption. Others are glued to the drama, eager to see how it unfolds in court.
The charges against Magudumana and Bester paint a picture of a calculated scheme. Beyond aiding the escape, Magudumana is accused of fraud and money laundering, suggesting a deeper web of deceit. The trial will dig into these allegations, putting the justice system under a microscope
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