Magudumana filed urgent court papers at the High Court claiming that her arrest in Tanzania in April 2023 was unlawful and unconstitutional.

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However, Adv. Neil Snellensburg, representing the police and DPP, told the presiding Judge Phillip Loubser on Thursday 1 June 2023, that the urgent High Court application is a self-created "urgency".  

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Whilst in custody in Tanzania, Magudumana allegedly told the officials that she wanted to be reunited with her children. Adv. Snellensburg said Magudumana only revealed her intentions to come back home to South Africa after the Tanzania authorities arrested her and gave her 3 days to leave the country. He criticised Magudumana's allegations that she was arrested by SAPS officials. Adv. Snellenburg said she was never arrested nor handcuffed in Tanzania by SAPS. Instead, she was handed over to the High Commissioner by Tanzanian authorities.

Home Affairs lawyer, Adv. Joubert Zietsman. PHOTO: Tshepo Moime

Adv. Joubert Zietsman, representing Home Affairs, said Magudumana failed to make the case that she was arrested in Tanzania by members of SAPS, that she was abducted by SAPS and transported back to the country by them.

"The facts respectively show that the applicant was arrested in Tanzania by Tanzanian officials for breach of the Tanzania Immigration Act and that Tanzanian authorities exercised the discretion to deport the applicant to her country of origin, namely South Africa," Zietsman added.

The state, in its papers filed before the court on Monday 29 May 2023, argued that Magudumana was arrested on 13 April at Lanseria airport by officials who were not part of the Tanzanian mission.

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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.

A Human Rights Commission lawyer Adv. Anton Katz (SC) earlier told Judge Loubser that the state was not playing open cards with Magudumana during her arrest in Tanzania.

He said the state needed Magudumana's consent to be brought back to the country.

Adv. Katz, who is representing Magudumana pro bono, said the state should have told her of the options, which included whether she should be brought back to the country by either extradition or with her consent. He earlier told the court that his client's liberty was at stake.

Nandipha Magudumana

Adv. Katz 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 international 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.

Judge Phillip Loubser reserved judgment for Monday morning 5 June at 10:00.

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.

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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 allegedly claimed three bodies, one being the body of Katlego Bereng Mpholo from the National Hospital, which was ultimately used as a decoy for Bester to fake his death and escape from prison on 3 May 2022. Bester is said to have lived in the lap of luxury in Johannesburg afterwards. 

So far eight people have been arrested in connection with his escape and two are out on bail of R10 000 each. Four others were denied bail by Magistrate Mohlolo Khabisi on Monday 29 May 2023.

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

OFM News