Dr Nandipha Magudumana’s application for leave to appeal the Bloemfontein High Court decision that dismissed her urgent application to declare her arrest in Tanzania unlawful is set to be heard next Friday, July 14.
The high court dismissed Magudumana’s application last month and ruled that she had to remain in custody after she failed to convince Judge Philip Loubser that her arrest and extradition were unlawful.
However, Loubser found that Magudumana’s deportation was in fact an extradition which lacked proper process.
He ruled against Magudumana as she willingly participated in the handing over process and told officials she wanted to come back to South Africa to be with her kids.
To support his decision, Loubser referred to case law, determined by the Supreme Court of Appeal, which held that there was no violation of a person's fundamental human rights or international law if they consent to be transported from a foreign jurisdiction for criminal investigation.
Magudumana fled South Africa with her boyfriend, convicted rapist and killer Thabo Bester, in April.
Bester was serving a life sentence in the Manguang Correctional Centre when he made a daring escape by faking his own death in May 2022.
Magudumana has been charged with fraud, defeating the ends of justice, violating a body, and aiding and abetting an inmate to escape from lawful custody, corruption and arson.
Twelve people have been arrested in connection with Bester’s escape, including Bester himself.
On Monday, three latest accused and G4S employees, appeared in the Bloemfontein Magistrate’s Court.
Joel Makhetha, Moeketsi Ramolula and Thabang Mier were all arrested on June 26, at their Bloemfontein and Botshabelo homes.
Mier was subsequently granted R10,000 bail.
Meanwhile, Makhetha and Ramolula will be bringing a bail application before the same court on Tuesday, July 11.
Mier is expected back in court with his co-accused Bester, Magudumana, former G4S prison warder Senohe Matsoara, Zanda Moyo, Zolile Cornelius Sekeleni, former Integritron Integrated Solutions camera technician Teboho Lipholo, suspended G4S employee Tieho Frans Makhotsa, former G4S guard Buti Masukela and suspended G4S employee Natassja Jansen.
He joins Sekeleni and Jansen who were also granted R10,000 bail.
The group are expected back in court on August 8.
IOL