Dr Nandipha Magudumana was back at the Bloemfontein Magistrates Court today where proceedings for her bail application continued. The matter which was expected to be heard over a two-day period has been postponed to next week Monday for closing arguments from both the state and the defence team.
STATE ACCUSED OF MAKING IT DIFFICULT FOR DR NANDIPHA TO GET BAIL
Magudumuna's lawyer Frans Dlamini was the first to address the court in closing arguments at midday after the hearing was delayed by one hour. Dlamini told the court that the state was trying to decorate charges to make it difficult for Magudumuna to be granted bail. "There are 16 counts on the charge sheet and what makes this matter a schedule 5 is only counts 3 and 4 which are corruption and fraud, the other counts are all schedule 1 offences. Therefore, this cannot be a schedule 5 bail application," Dlamini said. He added that the other fraud cases that his client is implicated in were registered this year. "Magudumuna has never been approached regarding these cases, if it's true can it be a reason advanced in this case," he asked. He went on to say that there is no evidence that the state has shown that how she left the country is untrue. "Her version remains unchallenged. There is nothing that the state has shown that how she left the country is untrue,"
SHE DID NOT ABANDON HER CHILDREN
Yesterday in her affidavit, Magudumana mentioned that she has not seen her two minor children since she was arrested in April and that she wants to be released so that she can take care of them. In opposing bail, the state accused the disgraced doctor of abandoning the children for her lover. The state stated that she only made one phone call to her husband and children since her arrest in April. "The suspect, still a married woman, deserted her two minor children the day she absconded with her lover, convicted murderer and rapist Thabo Bester," state prosecutor Sello Mathloko argued. Dlamini told the court that Magudumana's affidavit is simple and straightforward. "She explains her personal circumstances, she has two minor children. "It's not a fact that Magudumuna is not keeping in touch with her children. It's a lie," he said, adding that who she called from prison has nothing to do with her being a flight risk.
SHE IS NOT A FLIGHT RISK
The defence also said that Magudumana was honest about her travel documents despite the police alleging that she was found with fake passports. In her affidavit that was read out in court yesterday, Magudumana mentioned that she was not aware of the fake documents as she had left the country unwillingly with her lover Bester whom she claims threatened her. "We deny that Magudumuna was in possession of two other passports. Her passport was confiscated by the police, therefore she cannot be a flight risk. The passport also being used 23 times outside the country doesn't say anything, she came back to SA. Why would she not stand trial," Dlamini argued. The investigating officer in his affidavit said that Magudumuna evaded the police for eleven months and Dlamini argued that how was Magudumana supposed to know that the police were looking for her when there was no warrant arrest. Dlamini "Magudumuna told this court the exact day she was taken out of the country. It was on the 17th of March. The J50 says before the 17th of March no one was looking for Magudumuna,". Dlamini says that the instructing attorney Machini Motloung will finish up their closing arguments on Monday 4 September as he will not be available on the day. The state will also present their arguments on the same day. that date as well.
