Dr Nandipha Magudumana heads to the Constitutional Court, claiming her deportation from Tanzania was unlawful and violated her rights. Image: Facebook.
(The Post News)– Dr Nandipha Magudumana is escalating her fight for freedom by approaching the Constitutional Court, following a legal blow dealt by the Supreme Court of Appeal (SCA) on May 16. The court dismissed her appeal seeking to have her arrest and deportation from Tanzania declared unlawful.
Magudumana stands accused of assisting convicted rapist and murderer Thabo Bester in a high-profile prison escape, followed by a dramatic flight from South Africa to Tanzania in 2023. The pair were subsequently arrested and deported to South Africa. Alongside Bester and several co-accused, she faces 38 charges, including fraud, corruption, money laundering, arson, and defeating the ends of justice.
Magudumana’s lawyer, Machini Motloung, confirmed in an interview with Newzroom Afrika that they are applying for leave to appeal the SCA’s majority judgment at the Constitutional Court.
According to Motloung, they spoke with Dr Magudumana after the ruling and made the decision to ask the Constitutional Court for assistance. Furthermore, Motloung accused the state of being unjust, stating that the illegal action of the state in what amounts to a disguised extradition is at the core of this case.
Motloung emphasised that although the SCA found Magudumana had “consented” to her return as suggested by her own statement to police, this so-called consent is constitutionally invalid.
“One cannot consent to an illegality. That is central to the argument,” he said. “There are also other aspects of the majority judgement that we take issue with and will challenge in full.”
Despite the legal setbacks, Magudumana remains hopeful. “She is optimistic that justice will ultimately be served,” Motloung added. The Constitutional Court has yet to determine whether it will hear the matter.
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