…By Roland Peterson for TDPel Media.
The judgement on the urgent application filed by celebrity doctor Nandipha Magudumana, seeking to have her arrest declared unlawful, will be heard on Monday, June 5th at the Free State High Court in Bloemfontein.
On Thursday, legal representatives for Magudumana and the respondents presented their arguments in court regarding the lawfulness of her arrest in Arusha, Tanzania.
Judge Announces Delivery of Judgement
Judge Phillip Loubser stated that he intends to deliver the judgement promptly, without unnecessary delays, on Monday, June 5th at 10:00.
The judge emphasized the importance of reaching a just conclusion in the matter.
Magudumana’s Application to Undo Arrest and Transportations
As previously reported, Magudumana and her boyfriend Thabo Bester were arrested in Arusha, Tanzania, and she subsequently filed an urgent application to have her arrest deemed wrongful and unlawful.
Her application seeks to have her “apprehension, arrest, and abduction” in Tanzania, her transportation to South Africa, and her subsequent local arrest undone.
Arguing Collusion and Disguised Extradition
During the court proceedings, Magudumana’s lawyer, Advocate Anton Katz, focused on the actions of South African authorities in Tanzania.
He highlighted the distinction between deportation and extradition, claiming that Magudumana’s deportation was a disguised extradition involving collusion between South African and Tanzanian authorities.
Katz argued that Magudumana did not consent to her deportation, which goes against international laws requiring her to be informed of her rights and asked for her consent.
Alleged Violation of Protocols and Extradition Claims
Katz further contended that officials from the South African Police Service and Home Affairs disregarded protocols in bringing Magudumana back to South Africa to face charges related to Bester’s escape from the Mangaung Correctional Centre.
He asserted that the facts support the argument that her return was an extradition rather than a deportation.