Johannesburg – The Bloemfontein High Court has dismissed, with costs, Nandipha Magudumana’s application for leave to appeal against her arrest.
Judge Philip Loubser upheld the high court ruling on Magudumana’s arrest.
“The version that the applicant had consented to the disguised extradition process nor is it her version that she had actually consented to anything that was taking place at the time. It is simply their version that they wanted her to return to South Africa with her children. This was a proof of her consent, in my view. The other cases referred to are therefore distinguishable from the present case,” said Loubser.
He said that insofar as the applicant contends the Supreme Court of Appeal should be allowed to consider whether a person may or may not consent to an unlawful and unconstitutional act, he disagrees.
“Having regard to all the submissions made on behalf of the applicant in the present application for leave, I am of the view that those submissions cannot be successful in light of the findings of fact made by this court in the application launched by the applicant.
“I am therefore not persuaded that another court will come to a different conclusion or that there are other compelling reasons why the matter should proceed on appeal. The order is made, and the application for leave to appeal is dismissed with costs,” said Judge Loubser.
In June, Magudumana approached the court, seeking to have her arrest in Tanzania overturned and her subsequent deportation to South Africa declared unlawful; however, she lost her bid.
Then, Judge Loubser made a ruling her arrest was unprocedural but dismissed the application on the basis she consented to being brought back to the country.
Magudumana and her lover, killer and rapist Thabo Bester, fled the country in April amid headlines Bester faked his death to escape the Mangaung Correctional Facility in May last year. The two were arrested in Arusha, Tanzania, a few kilometres from the Kenyan border.
The Mangaung facility is run by G4S Security Company, and a number of its former employees were arrested in connection with the escape saga.
Magudumana faces allegations of corruption.
The Star