Dr. Nandipha Magudumana’s Legal Battle: Supreme Court of Appeal to Hear Case on Alleged Unlawful Extradition

by Selinda Phenyo
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By Karabo Marifi

Dr. Nandipha Magudumana, implicated in aiding the escape of convicted criminal Thabo Bester, is set to present her case before the Supreme Court of Appeal (SCA) on Thursday, 7 November 2024. Her legal team contends that her arrest in Tanzania in April 2023 and subsequent return to South Africa were unlawful, seeking her immediate release and the nullification of charges against her.

Background of the Case

In April 2023, Dr. Magudumana was apprehended in Tanzania alongside Thabo Bester, a convicted murderer and rapist who had escaped from the Mangaung Correctional Centre in May 2022. Their arrest followed an extensive manhunt that garnered significant public and media attention.

Legal Proceedings and Arguments

Dr. Magudumana’s legal team previously argued in the Bloemfontein High Court that her return to South Africa was a “disguised extradition,” circumventing formal legal processes. While the court acknowledged procedural irregularities, it ruled that she had consented to return to South Africa to be with her children and offered no resistance when handed over to South African officials. Consequently, her application for leave to appeal was denied.

The SCA has since granted her the opportunity to appeal. Her lawyers maintain that consent cannot legitimize an unlawful act and assert that she was not informed of her rights, nor did she waive them. They argue that the manner of her return precludes South African courts from exercising criminal jurisdiction over her.

State’s Position

The state contends that Dr. Magudumana’s own statements during her bail application contradict her claims of an unlawful return. She alleged that Bester abducted her, forcing her to leave South Africa. The state interprets this as evidence of her willingness to return, especially considering her role as a mother to two young children. They argue that dismissing the appeal is in the public interest, given the serious charges she faces, including aiding Bester’s escape, defeating the ends of justice, arson, fraud, and violating a body

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Dr. Nandipha Magudumana

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