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Magudumana likely to approach High Court after bail refusal

───   LUCKY NKUYANE 12:18 Mon, 11 Sep 2023

Magudumana likely to approach High Court after bail refusal | News Article
Nandipha Magudumana appeared before Bloemfontein Magistrate's Court on Monday. Picture: Lucky Nkuyane

"We have been saying from the start of the bail application that it will not be in the best interest of justice for Nandipha Magudumana to be released on bail and fortunately the court agreed with the submission of the prosecution."

Nandipha Magudumana's defence lawyers have expressed serious opposition to the bail refusal by the Bloemfontein Magistrate on Monday. They disagree with the reasons advanced by Magistrate Estelle de Lange, denying their client bail Monday morning, said Adv. Machini Motloung.



They have met with Magudumana to consult and plan a way forward. It's understood they could be heading to the High Court to try and have her bail refusal overturned. “We are still engaged in a mapping exercise. 

“We were reflecting on reasons given by the court and we will be in a position to plot the next way forward in terms of what should happen after this outcome, which is the ruling of the court." 

De Lange said Magudumana is a flight risk, adding if released on bail she could try and facilitate another prison break for her lover Thabo Bester. The magistrate said she is satisfied with the state's case, that the suspect is indeed facing a schedule 5 offence. If convicted, she could face a lengthy jail term.

NPA spokesperson Phaladi Shuping said they were satisfied with De Lange’s decision to deny Magudumana bail. He says they welcome the decision of the court not to release her on bail.



“We have been saying from the start of the bail application it won’t be in the best interest of justice for Nandipha Magudumana to be released on bail and fortunately the court agreed with the submission of the prosecution. Today, in her judgment, she said no it's not in the best interest of justice for her to be released on bail.”

The accused was arrested on 13 April in the company of Bester and another man from Mozambique in Tanzania. She’s been in custody for almost four months after her arrest by the Free State Serious Organised Crime Unit.

She has since exercised her right to apply for bail after she previously reserved it. She instead took the matter of her arrest in Tanzania to the Free State High Court, where her bid failed twice.


Magudumana and Bester fled the country via Zimbabwe and were arrested in Arusha, Tanzania, en route to Kenya. They were brought back to the country in April 2023 where she appeared in the Bloemfontein Magistrate's Court and was remanded in custody. Bester was then transferred to the Kgosi Mampuru II Maximum Centre in Pretoria.

She is among 12 suspects arrested for aiding Bester to escape from the Mangaung Correctional Centre in May 2022. Nine are out on R10,000 bail. Only Magudumana, Bester, and an illegal immigrant from Zimbabwe, Zando Moyo, remain in custody.

OFM News/Lucky Nkuyane

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