The Bloemfontein-based Supreme Court of Appeal has granted Nandipha Magudumana leave to appeal the Free State High Court's recent judgment.

The Appeals Court on Friday (27/10) granted Thabo Bester's girlfriend leave to appeal judge Phillip Loubser's judgment, which dismissed her bid to declare her arrest and deportation unlawful.

Nandipha Magudumana was brought back to South Africa on 13 April. Photo: Lucky Nkuyane

The Free State High Court Judge dismissed the urgent application by Thabo Bester's girlfriend, Nandipha Magudumana, on Monday 5 June 2023.

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

Judge Loubser said claims Magudumana had instructed a lawyer in Tanzania to fight "unlawful" detention are struck because it's not mentioned in her founding affidavit. He says evidence shows 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.  

Convicted rapist and murderer Thabo Bester. Photo: Lucky Nkuyane

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.

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

Whilst in custody in Tanzania, Magudumana allegedly told the officials she wanted to be reunited with her children.

Adv. Snellenburg said Magudumana only revealed her intentions to come back home to South Africa after the Tanzania authorities arrested her and gave her three days to leave the country.  

He disputed 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 of South Africa by Tanzanian authorities.

Lawyer Adv. Joubert Zietsman, 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.

OFM News/Lucky Nkuyane corne