The Supreme Court of Appeal has granted Dr Nandipha Magudumana?s request for leave to appeal the decision of the Bloemfontein High Court to dismiss her application to declare her repatriation from Tanzania unlawful.

In June, the Bloemfontein High Court court found ruled that Magudumana willingly agreed to return to South Africa yet she begged to differ.

Yesterday afternoon the Supreme Court of Appeal said about Magudumana's request, ?Leave to appeal is granted to the Supreme Court of Appeal. The costs order of the court a quo in dismissing the application for leave to appeal is set aside and the costs of the application for leave to appeal in this court and the court a quo are costs in the appeal. If the applicant does not proceed with the appeal, the applicant is to pay these costs.?

Magudumana, her father, and other co-accused face charges related to the escape of Bester, a rapist and murderer, from a Mangaung prison last year.Bester was arrested in Arusha together with Dr Nandipha Magudumana and a Mozambican national, who was allegedly assisting them .

She was denied bail last month but three of her co-accused who had been arrested were granted bail and have been set free, six others are still out on bail while Bester and another accused abandoned their bids.A date for the hearing is still being finalised.