Cape Town – The defence for Nandipha Magudumana, the girlfriend of convicted rapist and murderer Thabo Bester, has argued in the Bloemfontein Magistrate’s Court that she has strong family ties in South Africa and is not a flight risk.
Magudumana’s bail application continued with closing arguments on Monday, and her lawyer stated that her personal circumstances demonstrated her connections to South Africa.
They also pointed out that her passport was confiscated, making it difficult for her to flee.
“The evidence, in as far as personal circumstances are concerned, it is not even riddled with any improbabilities, no far-fetched, succinct to the point that the applicant has strong family ties within the area where she resides, including strong family and occupational ties in the Republic of South Africa.
“The affidavit from the state in opposition negates this essential element of her case. There is nowhere where this issue is attacked by the state,” defence lawyer Machini Motloung said.
DR NANDIPHA MAGUDUMANA’S BAIL BID CONTINUES https://t.co/boimFhKqPu
— Newzroom Afrika (@Newzroom405) September 4, 2023
He added: “It is incumbent on the state to produce tangible evidence and not merely speculate to the effect that there is a likelihood that the applicant will attempt to evade her trial. The applicant made it quite clear, played open cards that she has travel documents, but it has been ceased.”
Motloung also criticised the state for relying on photos of Magudumana and Bester showing affection in court as evidence.
He emphasised that Magudumana has spent a long time in detention, and the state’s case is still under investigation.
The defence also highlighted the non-penal nature of bail and asserted that she could afford the requested bail of R10,000.
Magudumana had previously reserved her right to bail pending the outcome of an application to have her arrest and extradition from Tanzania declared unlawful.
Bester and Magudumana were arrested in Tanzania after fleeing from a hotel, with Bester being known as the “Facebook Rapist” and having previously escaped from a correctional center in Bloemfontein.
Dr Nandipha Magudumana’s lawyer, Advocate Machini Motloung, presents closing arguments for her bail hearing. #eNCA #DStv403 #QuestionThinkAct pic.twitter.com/8DHjfXyH26
— eNCA (@eNCA) September 4, 2023
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Compiled by Betha Madhomu
