…By Roland Peterson for TDPel Media.
Dispute over Deportation:
Dr. Nandipha Magudumana, the embattled celebrity doctor, is at the center of a legal battle as her lawyer, Advocate Anton Katz, contends that his client should have been asked for consent before being deported to South Africa.
Magudumana, who was arrested in Arusha, Tanzania, alongside her boyfriend Thabo Bester, has filed an urgent application in the Free State High Court in Bloemfontein to challenge the lawfulness of her arrest.
Application Hearing:
The Free State High Court heard arguments in Dr. Nandipha Magudumana’s application, where she seeks to have her apprehension, arrest, and subsequent transportation to South Africa declared wrongful and unlawful.
This move comes in the midst of her imprisonment in Kroonstad, as she faces accusations of aiding and abetting a prison escape, along with seven others.
Deportation vs. Extradition:
During the hearing, Advocate Anton Katz emphasized the need to determine the actions of officials from the South African Police Service (SAPS) and Home Affairs in Tanzania.
Katz highlighted the distinction between deportation and extradition, arguing that Magudumana’s deportation was, in fact, a disguised extradition involving collusion between Tanzanian and South African authorities.
Lack of Consent:
Advocate Katz asserted that Magudumana did not provide her consent for deportation, a violation of international laws that require individuals to be made aware of their rights and asked for their consent in such circumstances.
Katz claimed that the actions of South African police and Home Affairs officials disregarded protocols and treated Magudumana’s return as an extradition rather than a deportation.
Counterarguments and Police Denial:
Advocate Neil Snellenburg, representing SAPS and the Director of Public Prosecutions, countered Katz’s claims, stating that Magudumana willingly wanted to return home and that there is no evidence to suggest SAPS engaged in any unlawful conduct.
The argument centers on whether Magudumana’s consent was obtained and the level of involvement of South African authorities in her deportation.
Ongoing Hearing:
The court hearing continues as the legal representatives present their arguments and counterarguments regarding the deportation of Dr. Nandipha Magudumana.
The outcome of this case will shed light on the legality of her arrest and transportation back to South Africa to face charges related to the prison escape.