Legal representative of the South African Police Services Senior Counsel Advocate Neil Snellenburg has told the High Court in Bloemfontein that Dr Nandipha Magudumana is omitting the context of why she was in Tanzania.
Snellenburg argued that Magudumana was illegally in Tanzania at the time of her arrest, along with Thabo Bester who is a convicted serial rapist and murderer in South Africa.
His arguments were made during an urgent court application by Magudumana, to have her arrest in Tanzania declared as unlawful.
Snellenburg contended that the South African Police traveled to Tanzania to confirm the identity of Magudumana who was detained with Bester. He says although Magudumana could have been arrested unlawfully, it does not mean prosecution should be halted.
Meanwhile, Magudumana’s legal representative has argued that she was extradited and not deported back to South Africa. Senior Counsel Advocate Anton Katz told the court that his client was extradited which is unlawful based on international law standards and policies.
He further told the court that Magudumana was handed over to the South African government by Tanzanian officials in a disguised extradition.
He says according to the definition of deportation, there is no handing over process, it only applies in an extradition process.
Proceedings in court:
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