Dr. Nandipha Magudumana has filed an application for leave to appeal Free State High Court decision which dismissed her application to nullify her arrest in Tanzania in April.
The high court had contended that Magudumana willingly participated in the handing over process.
The applicant seeks leave to appeal to the Supreme Court of Appeal (SCA), against the judgment and order by the high court.
Magudumana submits that there are three compelling reasons that warrant the grant for leave to appeal and that she had freely consented to her return to South Africa, despite the unlawfully disguised extradition.
The High Court relied on cases that are inconsistent with the constitution and international law, and if the consent may render the conduct of the respondents lawful and constitutional, it is in the interest of justice that the SCA considers the nature of the consent required.
She, therefore, insists that it is a matter of principle that consent cannot be given to unlawful conduct.
Dismissed with costs
On Monday, the high court dismissed with costs an attempt by Dr Magudumana to nullify her arrest in Tanzania.
Magudumana claims she has also been unlawfully detained at the Bizzah Makhathe Correctional Centre in Kroonstad and that her arrest in Tanzania was unlawful as it was done by South African authorities.
In her application, she notes that she successfully demonstrated that the conduct of the respondents was unlawful, in that, it amounted to a disguised extradition that is inconsistent with the Constitution. She further submits that there was no basis for a cost award against her.
The High Court on the other hand contended that Magudumana willingly participated in the handing-over process and that if she had any issues, she would have to take it up with the Tanzanian government.
Judge Philip Loubser ruled that Magudumana had consented to returning to South Africa because she wanted to be with her children.
VIDEO: Free State High Court Ruling on Dr. Nandipha Magudumana’s Arrest in Tanzania: