SCA reserves judgment in Magudumana's extradition appeal
The Supreme Court of Appeal on Thursday heard an application by Nandipha Magudumana to have her extradition to South Africa declared illegal.
Magudumana's legal team appeared before the court to argue for her immediate release from custody and to declare the charges against her null and void.
In written arguments, they say her arrest in Tanzania in April 2023 (with convicted murderer and rapist Thabo Bester) and her “forced return” to South Africa was unlawful and invalid.
Magudumana was arrested in Arusha, alongside Thabo Bester, on April 12 last year.
Advocate Anton Katz has questioned the presence of South African officials during the arrest of Magudumana in Tanzania.
"A delegation of South African officials travelled to Tanzania to determine whether that was true or not, that within 48 hours, she was on a chartered plane, having been handed over to South African officials.
"The question arises, which is not answered on the papers and not answered in heads of argument, on what legal basis were the police and the Home Affairs officials entitled to leave Lanseria Airport on the 12th, charter a plane, and arrive in Tanzania to do anything?"
Magudumana faces multiple charges related to the 2022 prison escape of her alleged lover, convicted serial rapist and murderer Thabo Bester.
Katz told the SCA that Magudumana did not agree to be extradited.
"On the same day, a notice of prohibition was signed, and she says it's not contested, that she saw it for the first time, that she saw the prohibited immigrants' notice for the first time when it was filed as part of the papers in this case. There's no suggestion that it was given to her, that she saw it, that she knew her rights. There's none of those issues."
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