Nandipha Magudumana’s legal team is set to argue before the Supreme Court of Appeal (SCA) that she should be released from custody immediately and that the charges against her should be deemed “null and void.” This comes after her arrest in Tanzania in April 2023, where she was found with convicted murderer and rapist Thabo Bester. Her legal team contends that her “forced return” to South Africa was unlawful and invalid.
The argument of a “disguised extradition” was previously raised in the Bloemfontein High Court. Although the court acknowledged that officials had acted unlawfully, they believed that Magudumana had consented to return to South Africa, citing her desire to be with her children. The High Court Judge, Phillip Loubser, ruled that her constitutional rights had not been violated and denied her application for leave to appeal. However, the SCA has agreed to hear her case.
Magudumana’s lawyers assert that she could not have consented to an unlawful extradition and that no one can consent to an illegality. They argue that there was no evidence to suggest that she was informed of her rights or that she had waived them. The consequence of this “disguised extradition” is that criminal courts are unable to exercise jurisdiction over her.
The state is seeking to adduce further evidence in the appeal, specifically the affidavit Magudumana made in her bail application. They argue that since she applied for bail and was refused, the appeal is moot. However, Magudumana’s lawyers contend that the bail application did not determine the legality of her arrest in Tanzania but rather focused on her likelihood to evade trial if released.
The state maintains that the appeal should be dismissed, but if her return was deemed unlawful, they suggest releasing her on detention on warning and allowing the prosecution to continue. They argue that the nature of the offenses she faces, including aiding and abetting a convicted rapist and murderer, arson, fraud, and violating a body, warrant bringing her to trial for the sake of justice and societal interest.
The outcome of this appeal will have significant implications for Magudumana and the serious criminal charges she faces. The state stresses the importance of considering the interests of the victims’ families and the public in deciding on the appropriate course of action. Magudumana’s case is a complex legal matter with far-reaching consequences, and the SCA will play a pivotal role in determining the outcome.
This article was originally published by GroundUp and sheds light on the legal battle that Nandipha Magudumana is currently facing. The intricacies of the case and the arguments put forth by both sides highlight the complexity of the situation and the importance of a fair and just legal process.
