SCA dismisses Magudumana’s unlawful arrest claim
The Supreme Court of Appeal has dismissed Dr
Nandipha Magudumana’s bid to have her arrest in Tanzania declared unlawful.
She is one of the accused facing charges of aiding and abetting convicted rapist and murderer Thabo Bester, who escaped from Mangaung prison in 2022.
After they fled the country, authorities brought the pair back to South Africa two years ago.
On Friday, the majority of the SCA bench upheld the June 2023 Free State High Court ruling and found that Magudumana's arrest was lawful.
Justice Tati Makgoka delivered the ruling.
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"The appeal is dismissed with costs, including the cost of two Council members who were so employed. The order of the minority judgment is that the appeal is upheld with costs, including the costs of two councils. I hand down the judgment."
The National Prosecuting Authority welcomed the decision.
"We will now focus on ensuring that the trial set down for 21 July does proceed without any undue delay," said NPA spokesperson Mthunzi Mhaga.
Magudumana and her co-accused face 38 charges, which also include fraud, corruption, and money laundering.
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