Supreme Court of Appeal Grants Dr. Nandipha Magudumana Appeal Rights against Repatriation Decision

The Supreme Court of Appeal delivered a significant decision on Friday when they granted Dr. Nandipha Magudumana the right to appeal a ruling made by the Bloemfontein High Court, dismissing her claims of an unlawful repatriation from Tanzania.

Back in June, the Bloemfontein High Court ruled against Dr. Magudumana’s assertion that her arrest and return to South Africa from Tanzania were unconstitutional and unlawful. Judge Phillip Loubser determined that even though it appeared to be a disguised extradition, she had provided her consent, thus granting jurisdiction to the South African criminal courts.

Presenting her appeal, Dr. Magudumana drew attention to the fact that issues around the validity of consent given to unconstitutional and unlawful acts haven’t been assessed by either the Supreme Court of Appeal or the Constitutional Court. She charged that official affidavits supplied by the government failed to conclusively prove her consent. She only asserts that she expressed her desire to return to her children in South Africa, without actively resisting or protesting her relocation.

Responding to Dr. Magudumana's assertions, the Supreme Court of Appeal confirmed that Dr. Magudumana had been granted leave to appeal their decision. They ruled that the conclusion reflects the costs tied to the appeal application both at the court and in this court.

Dr. Magudumana found herself under arrest in Tanzania alongside convicted criminal Thabo Bester. Arrested near the Kenyan border, Bester has convictions for rape and murder, and had escaped from the Mangaung Correctional Centre. If her appeal is successful, this could potentially expunge her name from the list of suspects implicated in the ongoing case against Bester, as indicated by legal expert Elton Hart.