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September 04, 2023

Dr Nandipha Magudumana’s bail judgment set for next week Monday

Dr Nandipha Magudumana will be back in court next week
Photo:Twitter/sliMasikane

Dr Nandipha Magudumana will know her fate in her bail application next week Monday. Magudumana arrived in the Bloemfontein Magistrates Court with a new hairstyle, and just like with her two past appearances, she prayed before the court proceedings started. Her defense lawyer advocate, Machini Motloung delivered final arguments for the disgraced doctor’s bail application while the state prosecutor did the same in opposing her bail saying she is a flight risk.


SHE PLAYED A DIFFERENT ROLE IN AIDING BESTER ESCAPE


Magudumana is accused of aiding her boyfriend, Thabo Bester to escape from lawful custody in May 2022 with the help of a few people including her father and G4S officials at Mangaung Prison. In closing argument, state prosecutor, Sello Mathloko said the fact that Magudumana’s co-accused were released on bail is based on their roles and their personal circumstances. "Her personal circumstances and her role are not the same. The court must apply its mind," Matlhoko said. He added: "The role she played showed that she has no respect for the criminal justice system. It is a demonstration of her disregard for the courts and the law. Bester was sentenced by a court of law." Magudumana’s eleven co-accused including her father were released on R10 000 bail each. They are due to appear in court next month.


A FRAUDSTER AND DECEITFUL


Matlhoko said Magudumana was deceitful when she provided her address and claimed that her father was dead in her affidavit while trying to claim Bester’s ’body’ last year. "That’s fraud," Matlhoko said. Mathloko also said that there is an abandoned car in Zimbabwe in Magudumana’s name. "She has not satisfied the court that it is in the interest of justice that she be admitted to bail. The state also questioned why Magudumana had not opened a case against Bester for kidnapping her. Her defense said that as far as bail proceedings, it is not a process to determine the guilt or the innocence of his client.


SHE HAS STRONG TIES IN THE COUNTRY


Advocate Motloung told the court that there was no doubt that Magudumana assured the court that his client had no interest in leaving the country. "The applicant has been travelling in and outside South Africa, coming back with no issues. Her passport is confiscated. The real question is whether or not the accused has any other business to do or deal with outside the Republic of South Africa. To this end, the applicant has not produced such evidence, neither did the state in its opposition produce evidence that the applicant has some interest outside the borders of the Republic of South Africa," he said. "All of those facts were placed on record to demonstrate that she has strong family ties within South Africa." Motloung added that Magudumana also placed her assets on record, including her movable assets to the value of R1 million. "That’s a substantial amount. This aspect touches sharply the vein whether there would be an attempt to evade trial - this is diffused." Motloung added that Magudumana’s right to liberty would be compromised if she was not released on bail. "There is no indication when the criminal trial would proceed. Until she is convicted of the crimes, she must be presumed innocent," he said. Motloung said: "I have demonstrated that the evidence presented by Magudumana remains unchallenged. She will be back in court on September 11 when the judgment on her bail application will be delivered."

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