Dr Nandipha Magudumana is expected to challenge her arrest in Tanzania in April this year at the Free State High Court On Friday . Magudumana was arrested in April alongside convicted murderer and rapist Thabo Bester in Arusha.
Magudumana is facing charges of aiding and abetting an inmate to escape, defeating the ends of justice, arson, fraud and violating a dead body.
In papers before the court, the 34-year-old says on the 6th of April, members of the South African Police Service (SAPS) arrested and abducted her.
Magudumana will argue before the court on Friday that members of SAPS had no jurisdiction in Tanzania to arrest, and charge her. She claims that on her way back from Tanzania she was blindfolded by the police. She also says her detention at Bizzah Makhathe Correctional Centre in Kroonstad is unlawful.
Dikeledi Moeti, a legal expert, says the fact that Dr Magudumana has suspended her bail application in the Bloemfontein Magistrate’s Court might disadvantage her bid in the high court to be discharged.
“Basically before, remember this is an urgent application that has been lodged to the high court. Firstly there has to be a ruling that has to be done on the matter of urgency whether the application met the requirements if urgency or not firstly and then after that is when the court will decide whether the matter is urgent or not,” says Moeti.
Another legal expert, Thabo Molete has a different view. Molete says the country’s constitution is clear that everyone has a right to freedom and security and any conduct that is in conflict with the supreme law, is invalid. He says if Dr Magudumana can prove that she was arrested by SAPS in Tanzania then her bid to be discharged will be successful.
“The doctor has the right to approach the high court on urgent basis to say my right to freedom has been trampled upon therefore I will need to be released on urgent basis so she’s got the right to go to court and from where we are sitting she’s going to succeed on that one,” Molete explains.
Meanwhile, Magudumana’s five co-accused who have applied for bail in the Bloemfontein Magistrate’s Court will hear their fate on Monday.
Thabo Bester saga | Dr Nandipha seeks discharge in Free State High Court: Adv Thabo Molete:
Meanwhile, the National Prosecuting Authority (NPA) says it will oppose the urgent application lodged by Dr Nandipha Magudumana in the Free State high court.
NPA Spokesperson Mthunzi Mhanga explains:
“National Prosecuting Authority through the Directorate of Prosecutions in the Free State will oppose the urgent application lodged by Dr Nandipha Magudumana in the Free State high court because we believe that there is no merit in that application, However our team will unpack the grounds upon which we are basing our opposition during the hearing.”