Lawfulness of Magudumana's arrest set to be argued in court
Thabo Bester’s alleged accomplice was arrested and deported from Tanzania by South African police, but her defence on Friday will be arguing that those officers did not have the jurisdiction to effect an arrest on Tanzanian soil.
BLOEMFONTEIN - The lawfulness of alleged criminal Dr Nandipha Magudumana's arrest will be argued in the Bloemfontein High Court on Friday morning.
Magudumana, the alleged accomplice of rapist and killer Thabo Bester, is challenging her arrest and deportation from Arusha, Tanzania, where she was detained with him.
This comes after his brazen prison break from the Mangaung Correctional Centre in May 2022.
Bester escaped from the prison where he was serving a life sentence.
In her founding papers, disgraced Magudumana argued that she was abducted, blindfolded, and taken to the airport in Tanzania by South African police.
Her lawyers will argue that those officers did not have jurisdiction to effect an arrest on Tanzanian soil.
They will also argue that in effecting her return to South Africa, procedure according to the country’s extradition agreement with Tanzania was flouted.
The National Prosecuting Authority’s (NPA) Mthunzi Mhaga said they are ready to challenge Magudumana's urgent application.
“We will oppose the urgent application lodged by Dr Nandipha Magudumana because we believe there is no merit in that application. However, our team will unpack the grounds upon which we are basing our opposition during hearing."
At the same time, the Department of Home Affairs, claiming to be at the forefront of Magudumana and Bester's arrest, wants to be cited as a respondent, and Minister Aaron Motsoaledi has expressed his intention to challenge the urgency of this matter.