Cape Town – Nandipha Magudumana reportedly plans to appeal a ruling by the Bloemfontein High Court in the Supreme Court of Appeal (SCA).
The High Court dismissed her urgent application, in which she claimed that her deportation from Tanzania to South Africa was unlawful.
While the judge acknowledged that her deportation was actually a disguised extradition, he ruled against Magudumana because she willingly left Tanzania with Thabo Bester, a convicted Facebook rapist and murderer.
According to News24 Magudumana argues that the Constitutional Court and the SCA have yet to consider whether consent can be given to an unconstitutional and unlawful act.
She also claims that the cases relied upon by the court were decided before the final Constitution was adopted and did not address the rights and values of the Constitution, the report said.
“Thirdly, if consent may render the respondents’ conduct lawful and constitutional, it is in the interest of justice that the SCA consider the nature of the consent required. Under international law, consent to extradition must be expressed and unequivocal with full knowledge of all rights and benefits and reduced to writing.
“If the applicant was entitled to consent to her disguised extradition, then the SCA should consider whether the requirements for consent applicable to extraditions generally would apply to her disguised extradition,” the report quoted the papers as saying.
The respondents in the case include the Department of Home Affairs, Free State Director of Public Prosecutions, investigating officer Captain Tiego Jobo Flyman, the head of the Bizzah Makhate Prison, and the minister of police, the report said.
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Compiled by Betha Madhomu
