Dr Nandipha headed to High Court over ‘unlawful arrest’

ALSO READ: Dr Nandipha headed to High Court over ‘unlawful arrest’

The state including the Director of Public Prosecution and the Minister of Police, Bheki Cele, are yet to file responding affidavits to Magudumana's application or arguments.

Adv. Mosioa Mazibuko, representing the state institutions told the presiding Judge Phillp Loubser that they intend to file their responding affidavits in this civil matter today (Friday, 26 May 2023).

On Monday, 29 May 2023 the lawyer representing the Minister of Home Affairs, Aaron Motsoaledi, will also be expected to their responding affidavit to Magudumana's initial application in court to have her arrest and extradition from Tanzania as unlawful and unconstitutional.

From there on Tuesday, 30 May 2023 both lawyers of Magudumana including Adv Machini Motloung and Adv Stanley Reinders will also file their written responding affidavit to all three departments who are opposing this application. Then on Wednesday, 31 May 2023, all parties will file written heads of arguments. This will make way for the main arguments to be heard on 1 June 2023.

Loubser postponed this matter to the aforementioned dates following a draft order between the parties. It was postponed for an opposed motion or court roll following Motsoaladi's declaration that he will be opposing  Magudumana's application.

Motsoaledi was not cited as one of the respondents in the court application by Magudumana's lawyers.

He recently held a press briefing and stated that he was puzzled that his department was not cited as one of the respondents in this application.

The Free State Police allegedly issued the warrant of arrest for Magudumana on 3 April 2023 when she was already believed to have been outside the country.

State issued Dr Nandipha's arrest warrant whilst outside the country - VIDEOS

State issued Dr Nandipha's arrest warrant whilst outside country - VIDEOS

Magudumana was arrested in Tanzania with the Facebook rapist and murder convict Thabo Bester in April.

This was after she allegedly aided and abetted Bester to escape from the Mangaung Correctional Centre under the guard of the British company G4S on 3 May 2022.

She is alleged to have claimed the body of Katlego Bereng from the mortuary of the National Hospital in Bloemfontein to be used as a decoy in cell 35 at the Broadway block of cells after it was burnt beyond recognition.

Magudumana was captured in Tanzania with Bester who was on the run from law enforcement agencies. They were brought back to the country in the early hours of 13 April 2023.

Breaking News: Bester and girlfriend back in South Africa

ALSO READ: Breaking News: Bester and girlfriend back in South Africa

Magudumana, who is in custody in the Kroonstad women's center for her alleged involvement in Bester's escape on 3 May 2022, wants the state to provide her with further documents about her arrest.

She argued that her arrest and extradition from Tanzania were unlawful. She also wanted the state to further furnish her with the extradition papers from Tanzania. In the court papers, Magudumana lists Cele, Captain Tieho Flyman, and Magistrate Mohlolo Khabisi as respondents, among others.

During her boyfriend’s appearance in the Bloemfontein Magistrate’s Court in April, Bester told Khabisi he didn’t agree with the ID number on his extradition papers.

Bereng, who was used as a decoy in cell 35 for Bester to escape was allegedly burned by accused 1, Senohe Matsoara, To fake Bester’s suicide.

During subsequent investigations, it was found that Bester had escaped and lived in luxury in Johannesburg.

Bester and the seven accused allegedly hatched a plan for him to escape from incarceration at the controversial British company G4S.

Former G4S security supervisor and accused 1 in the matter, Senohe Matsoara accused 2, Zolile Sekeleni accused 3, Teboho James Lipholo accused 4, Magudumana accused 5, Bester, accused 6, Motanyane John Masukela, accused 7, Teiho Frans Makhotsa, and accused 8, Nastassja Jansen, face various charges over the crime, including aiding and abetting arson, fraud, defeating the ends of justice and violating a corpse.

Bester and Magudumana were brought back to South Africa on 13 April whereafter Magudumana made her first appearance in the Bloemfontein Magistrate's Court.

ALSO READ: Magudumana appears in Bfn court

Sekeleni is the only person out on bail. He was released on R10 000 bail with a murder charge dropped against him. A similar charge was later withdrawn against Matsoara.

So far eight people have been arrested for Bester’s escape. Matsoara, Makhotsa, and Jansen are the only three G4S employees who were fired.

Seven employees were suspended following Bester’s escape. It’s understood that 23 officials were on duty the night of the escape.

Five other co-accused have applied for bail, while the case was postponed to Monday,29 May 2023 for bail judgment. Magudumana reserved her right to apply for bail.

OFM News