The Department of Home Affairs has responded to Dr Nandipha Magudumana's claims that her arrest in Tanzania was unlawful. Magudumana filed an urgent application at the Bloemfontein High Court, claiming that she was abducted, therefore her April arrest must be declared unlawful and wrongful.

The Chief Director of the Inspectorate for Immigration Services, Modiri Matthews, on behalf of the minister Aaron Motsoaledi, filed an answering affidavit aimed Magudumana's claims. "I have checked in the Movement Control System (MCS) of the Department of Home Affairs and found that she did not use any port of entry and exit to travel to the United Republic of Tanzania," read the court papers. Matthews argued that Magudumana failed to disclose that she left the country illegally and also entered Tanzania illegally, including what the circumstances were that led her to travel to Tanzania, as well as the mode of transport she used.

Matthews maintained that it was not members of the South African Police Service that arrested Dr Nandipha in Tanzania. He said it was the Tanzanian authorities who effected the arrest and the applicant was officially arrested by SAPS upon her arrival at Lanseria Airport. "I deny that the applicant was abducted. This is a calculated lie meant to mislead the court. I deny that the applicant was blindfolded. There is absolutely no truth in this allegation. No member of SAPS in full uniform arrested the applicant in the manner alleged by the applicant. I, in any event, would not have allowed such conduct from any person. The Tanzanian immigration officers had made it clear that the applicant and Thabo Bester would be handed over to members of the SAPS and transportation belonging to the police," Matthews also asked the court to strike the case off the roll for lack of urgency, with costs, including the cost of two counsel. The matter will be heard at the high court in Bloemfontein today.