Magudumana deportation ruling set for Tuesday

She had challenged her detention in Arusha and deportation.

But last month, Free State High Court judge Phillip Loubser dismissed it with costs, saying she consented to be brought back to South Africa while it was unprocedural.

The doctor is one of the people accused of helping Thabo Bester escape from a maximum security prison in Bloemfontein last year May.

She was arrested in Arusha in April while on the run with Bester.

Judge Loubser heard arguments in the application for leave to appeal on Friday.

Advocate Kessler Perusmalsamy for Magudumana argued on the issue of consent.

"Is it appropriate for SAPS, who say I am not involved? All I was doing there was offering protection to the officials of Home Affairs. With all due respect, that of itself is dispositive of the unequivocal consent position. 

"Because if you have two conflicting views by respondents, how can they ever with respect be unequivocal consent? If one party says I exercised an arresting power in a foreign country and another party says no there was consent, the respondents themselves are confused as to what the correct route was."   

Advocate Neil Snellenburg, for the SAPS, said there was no conflicting judgement and the application should be dismissed.

"The fact that we acquiesce meant that there was no violation of human rights and there was no unlawful conduct. There is no conflicting judgement here. This is an argument that the applicant wants to profit. It is not supported by the law."