Magadumana heads to Appeal Court about her arrest
The Supreme Court of Appeal has granted Dr. Nandipha Magudumana leave to appeal the High Court decision following her application to have her arrest and deportation from Tanzania declared unlawful and set aside after it was dismissed.
Magudumana and convicted murderer and rapist, Thabo Bester, were arrested in Arusha in Tanzania in Aprilafter fleeing from South Africa.
Authorities suspected that the couple was headed for the border between Tanzania and Kenya.
Magudumana had appeared before the Bloemfontein Magistrates’ Court in September where she was denied bail.
On Friday, the Supreme Court of Appeal granted Magudumana leave to appeal the high court decision.
"Having considered the Notice of Motion and the other documents filed. It is ordered that leave to appeal is granted to the Supreme Court of Appeal. The costs order of the court a quo in dismissing the application for leave to appeal is set aside AND the costs of the application for leave to appeal in this court and the court a quo are costs in the appeal. If the applicant does not proceed with the appeal, the applicant is to pay these costs," reads the court documents.
Magudumana is accused of helping Bester escape from the then G4s-run Mangaung Correctional facility in May 2022.
Previously, in her ruling, Magistrate Estelle de Lange said Magudumana had failed to prove to the court that the interest of justice warrants her release on bail.
"I am of the opinion bail conditions will not be enough to make her stand her trial. She will have more means to help Bester to escape. If she is released she could facilitate another escape if she wants too."
"The interests of justice don't permit one's release if one of these grounds is established, likelihood that their release will endanger society, whether they will evade their trial, whether they will intimidate witnesses, or they will undermine functioning of criminal justice system, or whether their release will disturb public order."
