Dr Nandipha Magudumana Takes Extradition Battle To Constitutional Court

Dr Nandipha Magudumana is now turning to the Constitutional Court in a last-ditch attempt to challenge the legality of her 2023 arrest and extradition from Tanzania. This comes after the Supreme Court of Appeal (SCA) in Bloemfontein dismissed her application in May, ruling that her return to South Africa was lawful.

Magudumana is accused of helping convicted rapist and murderer Thabo Bester escape from the Mangaung Correctional Centre in 2022. The pair were captured in Arusha, Tanzania in April 2023 after weeks on the run. They were subsequently returned to South Africa to face multiple charges.

Although the SCA ruling went against her, there was a notable dissenting judgment that aligned with her argument.

Disguised Extradition or Lawful Deportation?

Justice Tati Makgoka, who dissented from the majority of the SCA bench, sided with Magudumana’s view that her handover by Tanzanian authorities amounted to an unlawful extradition. He argued the transfer lacked any basis in international law and was a “disguised extradition.”

Makgoka agreed with the defence’s position, saying: “There was no such procedure in international law… The handing over of Magudumana by Tanzanian authorities to South African home affairs officials was unlawful.”

He maintained that South African authorities failed to formally initiate an extradition process, thereby violating legal standards.

State Unfazed, But Trial May Be Delayed

Speaking to SABC News, National Prosecuting Authority (NPA) spokesperson Mthunzi Mhaga confirmed the State received Magudumana’s petition on Monday evening and is preparing to oppose it within the required 10-day period.

“We take the view firmly so that the process of deporting Dr Magudumana from Tanzania in 2023 to South Africa was a seamless, above-board process with no untoward conduct on the part of the team that escorted her.”

Despite acknowledging the dissenting opinion, Mhaga said the State stands by the majority ruling, calling the petition “meritless.”

“We think we’re on solid ground in vigorously arguing for the dismissal of the appeal… we think that it is meritless and stands to be dismissed.”

However, he conceded the petition could delay the criminal trial, originally set for 15 July 2025.

“I am not in a position to say this is a delay in tactics, even though it has the undesirable effect of probably delaying the trial.”

---

For SA Crime News Follow SurgeZirc SA on Facebook,  X and Instagram