Free State High Court to hear arguments from Dr Nandipha Magudumana

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The Free State High Court is set to hear arguments from Dr Nandipha Magudumana who has applied for charges against her to be withdrawn.

Magudumana is adamant that she was held against her will in Tanzania, and that the South African authorities flouted the law in order to evade the extradition procedures provided for in the Southern African Development Community (SADC) Extradition Protocol.

She is charged with aiding, rapist and murderer Thabo Bester to escape from prison.

Legal expert, Thabo Molete says Magudumana has the toll task of convincing the court that she was kidnapped by South African authorities in Tanzania.

“Now there is evidence that has been adduced to the effect that she has been arrested by the Tanzanian authorities. Remember last time we said if she can be able to demonstrate that she was arrested by members of the South African Police Service (SAPS). Then her case will have weight, but due to the fact that evidence has come to light to the fact that she has been arrested by Tanzanian authorities, then it means her case is porous as the magistrate said – her case is porous,” adds Molete.

A look at Dr Nandipha’s court application: Nthabiseng Dubazana

The Department of Home Affairs has disputed claims by Magudumana that she was illegally apprehended in Tanzania in April.

The department is the sixth respondent in Magudumana’s high court bid to get charges against her withdrawn.

In its papers, the department asserts that the matter is not urgent.

Legal expert believes Magudumana deliberately omitted the Department of Home Affairs.

“I guess calculatedly or inadvertently, the attorneys or legal representatives of Dr Magudumana omitted the Department of Home Affairs or the Minister [Aaron Motsoaledi] on the basis that if the minister or the ministry is cited, then most of the facts will be unearthed or they will come to light. So they deliberately, as I said omitted to cite them,” adds Molete.

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