The Free State High Court in Bloemfontein on Thursday heard arguments in an urgent application by Dr Nandipha Magudumana to have her arrest in Tanzania in April declared unlawful. Dr Nandipha and her convicted rapist lover, Thabo Bester were apprehended in the city of Arusha by Tanzanian authorities in April. The pair had been on the run after it was discovered that Bester managed to escape from the Mangaung Correctional Centre in May last year after he faked his death.

HER ARREST WAS LEGAL

The Department of Home Affairs dismissed claims that Magudumana was not brought into the country legally. The department’s defence Advocate Petrus Zietsman referred the court to a notice from Tanzania declaring that Magudumana and Bester were in the country illegally and were arrested by Tanzanian police and authorities wanted them out of the country within three days. "The decision to deport Magudumana back to SA, not anywhere she wants to go, was taken by Tanzanian authorities. Let’s say Magudumana wants to challenge her arrest by Tanzanian authorities. If we take that argument, this court doesn’t have jurisdiction to rule on Tanzanian laws." Zietsman said, adding that the application must be dismissed with costs. Magudumana’s legal representative, Advocate Anton Katz who specialises in international law, said there are contradictory statements on the matter. "She was arrested on the 6th April, the respondents have the knowledge of how they arrested her. They allege she was arrested at Lanseria on the 13th of April which is rather confusing. Did they comply with the law on their version? Is there justification? We submit it badly on their version. No official in South Africa may take any action unless there’s a provision in the constitution to give them that power," Katz argued.

EXTRADITION DISGUISED AS DEPORTATION 

Katz further argued that he will demonstrate that in this case, SA officials acted unlawfully between the 12th and 13th of April when Magudumana was handed over to them by Tanzanian authorities. "This was an extradition disguised as a deportation. There was collusion between SA and Tanzanian officials. They say it was an agreement between them. That is extradition. Deportation is a unilateral act," he added. Katz referred to the affidavit by Brigadier Richard Shibiri. He says SAPS is claiming to have merely observed the deportation process and that Bester and Magudumana were only arrested at Lanseria Airport. Katz says Shibiri’s affidavit is an attempt to exonerate SAPS from having any involvement.

WHY SO LATE? 

Advocate Neil Snellenburg representing SAPS and the NPA, addressed the judge regarding the reasons why Dr Nandipha’s matter isn’t urgent. "To add insult to injury, she comes here on a notice of motion. The applicant has had from the 14th of April to issue this application, there is no explanation for the delay and what occurred after her attorney was appointed on the 3rd of May. The applicant had ample time to bring this application and hasn’t told the court why this matter is actually urgent." Judgment for the matter has been reserved for the 5th of June 2023.