Magudumana loses bid to appeal arrest, deportation
The High Court in Bloemfontein has dismissed Dr Nandipha Magadumana's application for leave to appeal a ruling on her arrest and deportation.
Judge Phillip Loubser handed down judgment in the Bloemfontein High Court on Tuesday morning.
Magudumana launched an application to appeal the court's decision which dismissed her urgent application to have her arrest in Tanzania declared unlawful.
The ruling came after the High Court heard the arguments by Magudumana's lawyers on Friday.
Magudumana was arrested with convicted murderer and rapist Thabo Bester in Tanzania in April this year.
ALSO READ:
She is accused of helping the convicted murderer and so-called Facebook rapist Thabo Bester escape from the Mangaung Correctional Centre in May 2022.
Judge Loubser said the court believed the police and NPA’s version that Magudumana wanted to return to South Africa to be with her children.
"There was no infraction of South African or public international law. There is also no violation of such person's fundamental human rights. These cases have not been overruled, and they still stand. 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 any other compelling reasons why the matter should proceed on appeal. The application for leave to appeal is dismissed with cost."
