Dr Nandipha Magudumana's urgent application to have her arrest on 13 April declared unlawful has been dismissed with costs. Judge Phillip Loubser who presided over the matter at the Free State High Court in Bloemfontein, said Magudumana was aware of being handed over to the South African authorities by their Tanzanian counterparts and the charges she was facing in Mzansi.

APPLICATION DISMISSED WITH COSTS

Judge Loubser first addressed the issue of "urgency" as stated in Magudumana's application saying she failed to meet the criteria since she was arrested on the 13th of April but only filed the application on the 19th of May. "Magudumuna gave respondents three days to file their papers. despite shortcomings of her application on urgency, I am enrolling the matter in the interests of justice." Magudumana argued that her deportation from Tanzania was actually disguised as extradition. In her court papers, she also claimed that she was blindfolded before being handed over to South African police. Magudumana was arrested together with her lover, convicted rapist and murderer Thabo Bester who escaped from Mangaung Prison in May last year.

SHE WAS NOT ABDUCTED

Loubser went through what was filed by the respondents namely SAPS, NPA, and Home Affairs. The respondents insisted that Magudumuna was arrested in line with international law. "By now, it should be obvious there is a material factual dispute between the parties about the circumstances of her arrest and how she was transported back to SA," the judge said. Magudumuna insisted she was forcefully put on the plane where she was guarded by four SANDF members and two policemen. She referred the court to statements made in the media by government officials who said they were sending a delegation to Tanzania. Magudumuna rejected that she said she wanted to return to SA to her children. Loubser said it can't be that on the one hand, Tanzania decided to deport her and then, on the other, an agreement was reached to extradite her. "It is patently clear that the respondents willingly participated in the handing over at the airport believing that such handing over was done under international law. They didn't realise this was an extradition, not a deportation. in the present case. In conclusion, Loubser said, "I have no hesitation that Magudumuna was aware of the charges that would be levelled against her in SA. She consented to her removal. I find the application cannot succeed. It is dismissed with costs!"