South Africa: Supreme Court Dismisses Dr Nandipha Magudumana's Deportation Appeal

The Supreme Court of Appeal has ruled on Nandipha Magudumana's case. They decided her return from Tanzania was lawful. She must still stand trial for her charges.

One judge disagreed and would have released her. This minority ruling allows Magudumana to appeal to the Constitutional Court.

Magudumana was arrested in Tanzania with Thabo Bester in April 2023. She faces multiple charges for helping Bester escape prison in May 2022. Currently, she is in prison awaiting trial set for July.

Her legal team argued that her constitutional rights were violated. They requested her immediate release and claimed the charges should be voided.

This ruling followed an earlier judgment from the Bloemfontein High Court. Judge Phillip Loubser found that her rights were not violated. He noted that while her arrest was a "disguised extradition," it was not unlawful since she returned willingly.

Loubser denied her application to appeal, but the SCA agreed to hear the case later. On Friday, the SCA ruled against Magudumana by majority vote.

Justices Fayeeza Kathree-Setloane, Trevor Gorvan, and Nettie Molopa-Sethosa concurred with this decision. Justice Tati Makgoka provided a dissenting opinion favoring Magudumana.

In Friday's ruling, Justice Dumisani Zondi stated that Magudumana knew about the charges when handed over to South African officials. She consented to return because she wanted to be with her children.

Magudumana's team claimed she should have been surrendered under Tanzanian law without an extradition hearing. However, officials argued she was unlawfully in Tanzania and did not resist or protest during handover.

They stated she expressed a desire to return home and was not blindfolded during transfer. Zondi noted there was no evidence of SAPS involvement in her arrest before landing at Lanseria airport.

He explained that SAPS members were present on the plane due to Bester's dangerous status. Regarding the Minister of Home Affairs, Zondi found no case against them.

Magudumana alleged collusion between South Africa and Tanzania for her deportation without proper procedures. Zondi dismissed this claim as a factual dispute favoring the minister’s account.

He concluded that there was overwhelming evidence of violations of Tanzanian immigration laws by both Magudumana and Bester before their lawful arrest upon arrival in South Africa.

In his dissenting judgment, Justice Makgoka would have upheld Magudumana’s appeal and stopped criminal proceedings against her. He emphasized that even if SAPS did not arrest her in Tanzania, questions remained about how she was handed over legally.

Makgoka criticized his fellow judges for not addressing "disguised extradition" properly. He believed any agreement between South Africa and Tanzania regarding this matter was unlawful under international law.

He asserted that valid consent requires full knowledge of waived rights prior to any infraction occurring. Makgoka questioned what real choice Magudumana had regarding where she could go after being detained.

Despite public outrage over his findings due to serious allegations against Magudumana, he maintained that unlawful state actions cannot be tolerated. He would have declared the handover unlawful and stated that authorities lacked jurisdiction over her prosecution.