Judgment in the appeal application of Dr Nandipha Magudumana will be handed down on Tuesday, 18 July 2023. In June, the court dismissed Magudumana's urgent court bid to have her arrest and legal proceedings against her set aside.
Arguing for Magudumana, Advocate Kessler Perumalsamy told the court that the only dispute is whether the Supreme Court of Appeal will come to a different conclusion when it comes to the issue of consent. "If the state alleges that Magudumuna consented to return to South Africa, it should have been in writing," he said. Perumalsamy asked the court if Magudumana was informed of the treaty between South Africa and Tanzania. "What was she consenting to? A disguised extradition. Was it after Home Affairs exercised unlawfully their powers? When was consent made and to whom? Is it in writing?," Perumalsamy asked. He also argued that there are conflicting views between Home Affairs and SAPS. He said: "How, is it then possible that we have unequivocal consent for my client?, the SAPS can't say there was consent and at the same time say they didn't play a role. You can never consent to illegality. It requires someone to say I am okay with unconstitutional conduct," he said.
Advocate Neil Snellenburg representing SAPS and NPA, said Magudumana and her defence know that they don't stand a chance at the Supreme Court of Appeal (SCA). "I must admit what I don't understand is why, Magudumana is said to have consented to illegality. On what basis? It doesn't suit her now because she was arrested when she landed at the airport. This is an argument Magudumana wants to profit from. They're looking for compelling reasons because they don't have prospects of success in the SCA. There is no way Magudumana will convince any court that she abandoned some right to be stuck in Tanzania. She apparently was abducted and blindfolded then she abandoned that. According to the police, Magudumana told everyone who was willing to listen that she wanted to go home," Snellenburg asked: "What if they have left her in Tanzania when she wanted to come home?" Advocate Louis Pohl representing Home Affairs said his instructions are to abide by whatever the court orders.