Central SA
Nandipha granted new date for leave to appeal─── LUCKY NKUYANE 14:06 Fri, 07 Jul 2023
The Free State High Court has granted Dr Nandipha Magudumana a new date for leave to appeal a High Court judge's decision, which dismissed her application to have her arrest in Tanzania declared unlawful and unconstitutional.
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Her lawyer, Adv. Machini Motloung confirmed they will be back at the Free State High Court on 14 July 2023 to argue for leave to appeal Judge Phillip Loubser's decision.
Magudumana argued that her arrest in Tanzania in April 2023 was unlawful and unconstitutional. She said she was kidnapped and brought back into the country through disguised extradition.
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 said evidence showed Magudumana did give consent.
Whilst in custody in Tanzania, Magudumana allegedly told the officials that she wanted to be reunited with her children.
Magudumana earlier reserved her right to a bail application. Photo: Lucky Nkuyane
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.
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 the body of Katlego Bereng from the National Hospital and it was ultimately used as a decoy for Bester to escape the prison on 3 May 2022. She also claimed the body of another man, whose identity has been released by the Free State police.
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She allegedly claimed the body of this unknown individual on 8 April 2022. He was later found by the police on the 28th of the same month last year.
The body was found at Modder River, allegedly with a tag still intact, just a few days before Bester escaped from the Mangaung Correctional Centre under the guard of G4S.
According to police spokesperson, Motantsi Makhele, the body of this unknown individual was first found in Lovedale Road, Bloemfontein, in a hit-and-run on 9 October 2021.
Bester is said to have lived in luxury in Johannesburg.
