In a recent case, Nandipha Magudumana’s attempt to be freed was denied by Judge Philip Loubser of the Free State High Court.
Magudumana’s Claims
Magudumana, a South African citizen, argued that her capture in Tanzania was illegal, as was her arraignment before the Bloemfontein Magistrates Court and the warrants for her arrest.
Judge’s Ruling
Judge Loubser ruled that Magudumana had agreed to be taken to South Africa to be reunited with her children, indicating that no breach of fundamental human rights or international law had taken place. The judge accepted the respondents’ account, which included the National Director of Public Prosecutions, the Minister of Police, and the Minister of Home Affairs.
Adherence to Legal Processes
The case highlights the importance of understanding and adhering to legal processes when dealing with extradition and deportation. It also underscores the need for clear communication between countries to safeguard the rights of individuals.
Acknowledged Mistakes
Despite acknowledging the officials’ mistake in their handling of Magudumana’s case, Judge Loubser denied her application for freedom.
Charges and Status
Magudumana is currently being held at Bizzah Makhate Correctional Centre in Kroonstad and faces charges of fraud, violating dead bodies, and aiding Bester’s escape from Mangaung prison in May 2022. As yet, she has yet to apply for bail.
