Dr Nandipha heads to court over ‘unlawful arrest’

Magudumana, who is in custody in the Kroonstad women's centre for her alleged involvement in Bester's escape in May last year, wants the state to provide her with further documents on to her arrest.

She has argued that her arrest and extradition from Tanzania were unlawful adding that she wants the state to furnish her with the extradition papers from Tanzania.

In the court papers filed, Magudumana listed Police Minister Bheki Cele, Captain Tieho Flyman, Magistrate Mohlolo Khabisi as respondents, among others.

Legal expert Mpumelelo Zikalala says that the court will have to look at Magudumana’s matter as a matter of urgency.

“The court will have to look at this matter from the basis of urgency if you bring the matter as an urgent application. The court has satisfy itself that the matter is indeed urgent and the elements being that you have a certain rights that you need to protect at all costs, you don't have any alternative remedies. At the same time the balance of probability meaning that the merits of the case favours you. 

“Where you can apply for bail and you can't be free, if that's exactly what you want. You can also dismiss the matter at a later stage after all the processes have been ventilated because for now you can't come to court. But it can be said that there is no case against you if you don't have sufficient information.”

Zikalala says the court may dismiss the urgency due to a lack of information. 

“The court may come to a conclusion that you haven't convinced us that you will win this matter at the end of the day. So, on that basis we are not going to listen to that matter and we are going to dismiss it because it lacks urgency.”

ALSO READ