Judgment in Dr Nandipha Magudumana 'unlawful abduction' application to be delivered
The Free State High Court in Bloemfontein is expected to deliver judgment today in the application brought by Dr Nandipha Magudumana in which she alleges that her arrest in Tanzania in April was u lawful and without merit.
This after the High Court Judge Philip Jacobus Loubser heard arguments from Magudumana's legal team, the National Prosecuting Authority (NPA), the South African Police Services (SAPS) and the Home Affairs Department.
Magudumana and convicted murderer and rapist, Thabo Bester, were arrested near the Tanzanian border with Kenya after they fled South Africa.
Last week, Magudumana’s legal representative Advocate Anton Katz, told the court that Magudumana’s deportation was disguised as an extradition.
“This was an extradition disguised as a deportation. There was collusion between South Africa and Tanzanian officials. They say it was an agreement between them.
"South Africa will decide whether to send an extradition request, depending on what Tanzanians tell us and if the Tanzanians tell us that we’ll hand over her without extradition. If they say we've got to bring an extradition request, we bring an extradition request.”
Advocate Neil Snellenburg, representing the SAPS and the NPA said Magudumana had not yet met the requirements to bring an urgent application.
“The applicant had more than enough time to bring this application and hasn't told the court why this matter is urgent. This is an abuse of process.
“Also, the applicant didn’t mention in her founding affidavit that she had told officials that she wanted to go home because she's a mother. At no time at all did the applicant object to getting on the plane that supports that she wanted to come home to her children."
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