Magudumana remains in jail after court dismissed application
The Free State High Court in Bloemfontein has dismissed the critical application filed by Dr Nandipha Magudumana, who sought to declare her arrest in Tanzania illegal.
Magudumana was detained in Arusha in April along with her mate, the condemned killer and robber Thabo Bester.
lately her legal representative, advocate Anton Katz, argued that her arrest was falsely presented as an illegal repatriation, suggesting conspiracy between South African and Tanzanian officers. still, the court ruled that Magudumana agreed to return to South Africa after being restrained in Tanzania because she wanted to be reunited with her children.
Delivering his judgment, presiding judge Phillip Loubser stated that Magudumana’s application hadn’t met the conditions for urgency.
nonetheless, he said he decided to hear the application urgently due to the actuality of a factual disagreement concerning Magudumana’s arrest and the circumstances girding her transportation back to the country.
Loubser struck out certain statements made by Magudumana in the application, including references to consulting a counsel in Tanzania, as they weren’t included in her founding affidavit.
Loubser emphasized that the crucial question was whether there was substantiation of conspiracy between South Africa and Tanzania to surrender Magudumana to her country of origin.
He stressed the actuality of a Southern African Development Community protocol that attendants similar matters.
The court accepted that the decision to deport her was made by Tanzanian authorities in agreement with transnational law likewise, Loubser noted that the repliers willingly shared in the handing over event at the field in Tanzania, ignorant that it was repatriation rather than expatriation.
He refocused out that Magudumana was apprehensive of the charges she’d face at the time of her handover, and had nonetheless acceded to her return to South Africa.
Accordingly, the high court dismissed Magudumana’s challenge to her arrest, detention, and trial, ordering her to bear the costs of the operation.
“ It’s clear that the repliers willingly shared in the handing over event at the field in Tanzania believing it was done so in terms of transnational law, ” said Loubser.
They didn’t realise it was an repatriation and not a expatriation. The aspirant was apprehensive at the time of her handing over of the charges she’d face. She nonetheless acceded. Grounded on that, the operation is dismissed.
still, she’s free to do so with the Tanzanian authorities, as this court doesn’t have the governance to do so, “ If the aspirant wants to challenge her expatriation from Tanzania. ”
The ruling affirms that Magudumana’s arrest in Tanzania was legal and upholds the decision of Tanzanian authorities to deport her.
It’s still unclear if she’d be querying the verdict of her application