Legal expert, Melusi Xulu believes there is a chance that Dr Nandipha Magudumana could win her bid to have her arrest in Tanzania and subsequent deportation to South Africa be declared unlawful, due to technicalities in the case.
The High Court in Bloemfontein is expected to hand down judgment on her application for leave to appeal on Tuesday.
Magudumana, girlfriend of convicted rapist and murderer Thabo Bester, is charged with aiding and abetting a convicted criminal.
Bester escaped from the Mangaung Correctional Centre last May.
Xulu explains, “I think she stands a good chance. You know, when this case started in April, it was like she is taking a chance and when she eventually took the matter to the High Court to have her arrest ordered unlawful and other things that she said, it looked like she was taking a chance. But, on technicalities and looking at the Constitution and how things were done, it looks like she has a chance on technicalities. What will happen is if she gets an order, she will be released, and it will be up to the NPA and SAPS to decide whether she is brought back to court again.”
Magudumana’s legal representative, Machini Motloung insists that there is no consent in an illegality. Motloung wants the Supreme Court of Appeal to test Magudumana’s consent against the conduct of the Home Affairs Department in Tanzania.
Motloung says there was nothing for his client to consent to.
“We launched an application for leave to appeal. We still of the view that leave must be granted so that the SCA should really ventilate on a whole range of legal questions emanating from our application for leave to appeal. In our view, we would want this matter to be heard at the SCA.”
Source: SABC News
