Dr Nandipha Magudumana's application for leave to appeal her arrest has been dismissed with costs by the Free State High Court. The judge ruled that she had consented to return to South Africa, by stating that she wants to, "go home to her children."

In May, Dr Nandipha filed an application to declare her arrest in Tanzania unconstitutional and unlawful. However, today, after a months' wait, Judge Phillip Loubser said, "I am not persuaded that another court could come to a different conclusion. The application for leave to appeal is dismissed with costs."

In June Loubser found that  indeed Dr Nandipha had been extradited without the correct procedure being followed, however, she had consented to board the chartered plane that brought her back to South Africa.

"Only in her reply affidavit did the applicant mention the constitutionality of her arrest and deportation. I find there is no reasonable prospects of success in declaring the sixth respondent's (Home Affairs) conduct unconstitutional. The respondents version is that Magudumana wanted to return to SA to her children, that was her consent."

In her application for leave to appeal, Dr Nandipha had argued that her consent was not proper. She argued that it was not in writing or unequivocal, and it could not override an unlawful act. But Loubser disagreed and maintained that that Dr Nandipha voluntarily returned to South Africa. 

"It was contended on behalf of the applicant that consent may not be given to unconstitutional conduct, because it would undermine the doctrine of objective constitutional invalidity," said Loubser. Dr Nandipha and her convict lover Thabo Bester were brought back to South Africa to face charges of fraud, corruption, arson, violation of a body and defeating the ends of justice on 12 April.

Magudumana is expected to appear in the Bloemfontein Magistrates' Court on 8 August to face charges related to assisting Bester's escape.