Dr Nandipha Magudumana is bent on making on making another bid for freedom, two weeks after the Supreme Court of Appeal (SCA) denied her appeal, now she is approaching the highest court in the land-the Constitutional Court.
In a high-profile matter that has drawn huge media interest, Magudumana, who stands accused of facilitating the escape of convicted criminal Thabo Bester from prison, has been embroiled in a case riddled with complexity and intrigue.
The couple’s dramatic escape from South Africa to Tanzania in 2023 drew national attention, culminating in their eventual arrest and extradition back to South Africa. On May 16, the SCA dismissed Magudumana’s appeal to declare her arrest and subsequent deportation unlawful, which has prompted her legal team to launch a fresh challenge.
According to Machini Motloung, Magudumana’s attorney, the decision to approach the Constitutional Court was reached after extensive discussions with his client.
“The judgment creates common cause that South African authorities acted unlawfully by bringing Magudumana back as part of a disguised extradition,” Motloung elaborated in an interview with TV channel Newzroom Afrika.
At the core of their argument lies the assertion that Magudumana’s consent to return was misinterpreted.
Motloung explains that the court concluded she had expressed a desire to return home in her police statement at arrest—a notion that the defence strongly contests. “The key point is that one cannot consent to an illegality,” he argued, underscoring the gravity of their legal position.
With the pressing circumstance of 38 charges against her and Bester, which include fraud, corruption, money laundering, and more, the stakes are undeniably high.
The period ahead is critical not only for Magudumana but also for the broader implications it poses for the legal system’s treatment of extradition and consent.
As Magudumana’s next steps unfold, her legal team remains resolute in their pursuit of justice. “We are seeking relief to have her further detention declared unlawful and set aside,” Motloung stated.
The hope for a fair hearing weighs heavily on both Magudumana and her supporters as they brace for the complexities of the constitutional review process ahead.
DAILY NEWS
