Judge Phillip Loubers made an order dismissing her application with costs, including the costs of her two lawyers. Dr Magudumana filed urgent court papers at the High Court claiming that her arrest in Tanzania in April 2023 was unlawful and unconstitutional.  

Judge Loubser said claims that Magudumana had instructed a lawyer in Tanzania to fight "unlawful" detention is struck because it's not mentioned in her founding affidavit. He says evidence point to it that Dr Magudumana did give consent.

The judge said the court does not have jurisdiction over her arrest in Tanzania and if she wishes to take up the manner of her arrest, she should do so with the Tanzanian authorities.  

On Thursday 5 June 2023, lawyers representing the police, the National Director of Public Prosecution (DPP), and Home Affairs said the "urgency" claims of Magudumana were self-created.

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Adv. Neil Snellensburg represented the state, the police and the DPP, and told the presiding judge on Thursday 1 June 2023 that the urgent High Court application is a self-created "urgency" and there was no basis for such claims.

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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 disputed Magudumana's allegations that she was arrested by SAPS officials. Adv. Snellensburg said she was never arrested nor handcuffed in Tanzania by SAPS, instead, she was handed over to the High Commissioner of South Africa by Tanzanian authorities.

Lawyer Adv. Joubert Zietaman, who represented Home Affairs, said Magudumana failed to make out a case that she was arrested in Tanzania by members of the SAPS, that she was abducted by SAPS, and that she was transported by SAPS back to the country.

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

In its papers filed before the court on Monday 29 May, the state 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 well-renowned Human Rights Commission lawyer Advocate (Adv.) Anton Katz (SC) told Judge Loubser that the state failed to play open cards with Magudumana during her arrest in Tanzania.

He said the state needed Magudumana's consent.

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

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 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.

Judge Phillip Loubser reserved judgment for Monday 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. They were both detained by the SAPS. Bester was then transferred to the 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 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. Four others were denied bail by Magistrate Mohlolo Khabisi on Monday 29 May 2023.

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

OFM News