Cape Town – Nandipha Magudumana’s application to declare her arrest and detention unlawful and wrongful has been dismissed by the high court in Bloemfontein.
Judge Phillip Loubser ruled that although the process used to bring Magudumana back to South Africa from Tanzania was extradition without due process and not deportation, she was aware of the charges she would face upon her return.
“She consented to her removal because she wanted to be with her children,” Loubser said.
BREAKING
Dr Nandipha Magudumana will remain in custody. #SABCNews @TheAgenda_SABC pic.twitter.com/TZUP5Bb124
— Aldrin Sampear (@AldrinSampear) June 5, 2023
The judge also issued a cost order for two counsels against her.
If she wishes to challenge the decision on her deportation, she must approach the court in Tanzania, as South African courts lack jurisdiction in this matter,” said Loubser.
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Compiled by Betha Madhomu
High court to rule on Magudumana’s arrest and deportation challenge
Cape Town – Nandipha Magudumana’s urgent court application, seeking to declare her arrest and detention as wrongful and unlawful, is awaiting judgment from the high court in Bloemfontein.
Magudumana alleges that she was blindfolded and abducted by law enforcement agencies in Arusha.
[DEVELOPING] #DrNandiphaMagudumana is headed to court and wants her arrest and ‘abduction’ in Tanzania declared ‘Wrongful & unlawful’
Matter to be heard in Free State High Court on Thursday, May 25th.#sabcnews pic.twitter.com/YbyAQ5zzJJ
— Chriselda Zozi Lewis (Babes Wendaba) (@Chriseldalewis) May 20, 2023
Last week, her legal counsel argued that her deportation from Tanzania was a disguised extradition facilitated by collusion between South African and Tanzanian authorities.
They claimed that local authorities should have pursued extradition instead of arranging her deportation.
“The police and National Prosecuting Authority (NPA) contend there was a deportation decision by Tanzania on April 12 that required the applicant [Magudumana] to leave Tanzania within three days.
“The conduct of the respondents is quintessentially a disguised extradition. There was no unilateral act on the part of Tanzania because there was an agreement to deport to South Africa,” Times Live quoted advocate Anton Katz SC as saying.
The police and National Prosecuting Authority (NPA) countered that Tanzania made the deportation decision and that Magudumana did not object to returning to South Africa.
The NPA argued that the matter was not urgent and requested the dismissal of her application.
The court will deliver its verdict on Monday.
A ruling is expected in Nandipha Magudumana’s urgent court bid challenging her arrest and deportation from Tanzania. Magudumana claims she was blindfolded and abducted by law enforcement agencies from Arusha. She claimed her extradition was disguised as a deportation. #DStv403 pic.twitter.com/bRYnETQj1Z
— eNCA (@eNCA) June 5, 2023
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Compiled by Betha Madhomu
