Advocate Kessler Perunalsamy, representing Magudumana, questioned who Magudumana gave consent and when did she give such consent during her arrest. The question comes after both SAPS and Home Affairs allegedly gave two different versions of events about the arrest of Magudumana.

Advocate Kessler Perunalsamy

It is alleged that Home Affairs' affidavit says it was in charge of the Tanzanian operation and it executed arresting powers. But the SAPS, on the other hand, insists that Magudumana gave consent when she told officials that she wanted to come back to South Africa to be reunited with her children. She was arrested in Tanzania in April 2023 alongside her boyfriend Thabo Bester, after he had escaped from the Mangaung Correctional Centre under the guard of the controversial British company G4S on 3 May 2022.

ALSO READ – Thabo Bester: Korrektiewe Dienste ontken voorkeurbehandeling

Perunalsamy told Judge Phillip Loubser the arrest of his client was unlawful and it was a disguised extradition. He reiterated that Magudumana's arrest was inconsistent with the rule of international law.

He further questioned whether it is admissible to consent to illegality. He said the state ignored the Southern African Community Development Community extradition protocol in terms of international law.

Adv. Neil Snellenburg, representing both SAPS and the Director of Public Prosecution, said there are no prospects of success on Magudumana's appeal.

Snellenburg told Loubser that Magudumana was handed over to the officials of Home Affairs. She said she wanted to go home and see her children. He said the argument advanced by the applicants in terms of the law is fundamentally flawed – not only fundamentally wrong but it's flawed.

"The moment she gave consent there was no illegality. The criticism of her arrest is unfounded and there is no conflicting judgment," Snelleburg said.

OFM News