Govt to oppose Magudumana 'unlawful arrest' appeal
National Police Commissioner Fannie Masemola says the state is ready to oppose an appeal by Dr Nandipha Magudumana as she seeks to declare her arrest in Tanzania unlawful.
Magudumana's lawyers have filed an application with the Supreme Court of Appeal (SCA) to appeal the High Court ruling which dismissed her urgent application to have her arrest in Tanzania declared unlawful.
Magudumana was arrested together with convicted murderer and rapist Thabo Bester in Tanzania in April.
She is accused of helping Bester escape from the Mangaung Correctional Centre in May last year.
Her attorney Machini Motloung said they believe another court will arrive at a different conclusion.
Masemola says while it is within her right to appeal any judgment, the government will stand its ground.
"She has the right to appeal and anybody who feels like the judgment is not in their favour or doesn't accept it, you have got the right to appeal.
"But indeed we are also prepared to defend our case, we think what Home Affairs did by bringing them back into the country, there is no illegality with regard to the role played by all the government departments.
"She was never arrested in Tanzania, she was arrested in South Africa.
"Hence, as South African Police we never wanted to be involved in any transportation or even receiving herself and Thabo Bester.
"That was the Tanzanian authorities that declared them prohibited in their country," says Masemola.
Magudumana remains in custody at the Kroonstad Correctional Centre in the Free State.
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