The National Prosecuting Authority (NPA) welcomes the Free State High Court’s decision, which dismissed Dr Nandipha Magudumana’s urgent application with costs.
Magudumana wanted the court to declare her arrest, in Tanzania, illegal. She is among the seven people arrested for aiding and abetting murder and rape convict, Thabo Bester, to escape from prison.
Provincial NPA Spokesperson Phaladi Shuping says, “We welcome the judgment of the High Court which is in favour of the State. What we are hoping is that from now we will be given enough space so that we can do what is expected of us as prosecutors and investigators to ensure that justice prevails.”
‘Her release would have been an injustice’
Home Affairs Minister Aaron Motsoaledi has also hailed the court’s judgment. Motsoaledi says Magudumana’s release would have been an injustice.
“We are very very happy. Right from the beginning, Home Affairs was not cited and we smelled that an injustice is about to happen simply on the basis of technicalities. That is why, as Home Affairs, we have fought very hard to be included in this case and to be cited. We are now happy that what we have done has eventually paid off. The injustice that was going to happen of releasing somebody who has done what she has done on the basis of technicalities was going to be a very sad day.”
Judge Loubser reads the verdict
In his judgment, Free State High Court Judge Phillip Loubser states that Magudumana was clearly aware of the charges she would face, during the handover process between the Tanzania government and South Africa, upon her arrival in the country.
He further notes that Magudumana did not resist during the handing-over process, as she stated that she wanted to return to South Africa to her children.
Loubser contends that Magudumana willingly participated in the handing over process, and if she has any issues regarding that, she would have to take it up with the Tanzanian government.
Full Livestream: Judge Loubser reading his verdict: