Magudumana is seeking relief from the state, including the police and the Director of Public Prosecution (DPP), over her arrest in Tanzania in April 2023. 

She wants the High Court Judge Phillip Loubser to declare her arrest unlawful and unconstitutional. Her defence team, comprising of Adv. Machini Motloung and Adv. Frans Dlamini, have bolstered their team with the Human Rights Lawyer Adv. Anton Katz (SC). Adv. Katz addressed Judge Loubser and said the onus is on the state to prove that Magudumana's arrest was lawful and constitutional. 

He said the South African mission to arrest Magudumana in a foreign country was wrong and unlawful in a legal context and internal law. He said her arrest in Tanzania was a disguised deportation. Adv. Katz said they are disputing the claims by the state that Magudumana was handed over to them by the Tanzanian authorities. 

The police and DPP are being represented by Adv. Neil Snellenburg and Adv. Masioua Mazibuko whilst Home Affairs is being represented by Adv. Joubert Zietsman (SC).

Free State High Court Judge Phillip Loubser. PHOTO: Lucky Nkuyane

The state, however, in its papers filed before the court on Monday 29 May 2023, argues that Magudumana was arrested on 13 of April at Lanceria airport by officials who were not part of the Tanzanian mission. They argue that her arrest was lawful and constitutional. It's understood that her warrant of arrest was issued on 3 April and at that time she and Bester were believed to have been on Tanzanian soil already.

Magudumana was arrested in Tanzania alongside her fugitive boyfriend Thabo Bester. They were brought back to South Africa on 13 April 2023. They were both detained by the SAPS. Bester was then transferred to Kgosi Mampuru Maximum Prison Centre in Pretoria whilst Magudumana was sent to the Free State where she made her first appearance at the Bloemfontein Magistrate's Court. She has been in custody ever since her detention. She earlier reserved her right to a bail application.

She is accused of aiding and abetting Bester to escape from the Mangaung Correctional Centre under the guard of the controversial British company G4S.

She is alleged to have claimed the body of Katlego Bereng Mpholo from the National Hospital and it was ultimately used as a decoy for Bester to escape the prison on 3 May 2022. Bester is said to have lived in the lap of luxury in Johannesburg. So far eight people have been arrested in connection with his escape and two are out on bail of R10 000 each. Five others were denied bail by Magistrate Mohlolo Khabisi on Monday 29 May 2023.

The case was then postponed to 20 June 2023 for further investigations.

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