Dr Nandipha

“It May Have Been A Disguised Extradition, But She Went Willingly”| Dr Nandipha’s Urgent Court Application Dismissed

Dr. Nandipha Magudumana’s urgent application to challenge the lawfulness of her alleged “deportation” from Tanzania has been rejected by the Bloemfontein High Court.

According to News24 Judge Phillip Loubser determined that the act of “deportation” was essentially a covert extradition but ruled against Magudumana due to her voluntary agreement to depart the country.

Magudumana fled South Africa with her lover, rapist and killer Thabo Bester, in April.

Bester was serving a life sentence in the Manguang Correctional Centre when he escaped in May 2022 after orchestrating a fake suicide by fire.

The couple was tracked to Tanzania and “deported” to South Africa on 13 April 2023.

Judge Loubser made a clear distinction between extradition and deportation during the proceedings.
He explained that extradition typically involves the transfer of an individual who is either accused or convicted of a crime, whereas deportation pertains to the removal of an undesirable individual from a country.
Furthermore, the judge noted that deportation is typically a unilateral action taken by a country, while extradition occurs through a formal process of cooperation between nations.

Loubser said:

What they did not realise was that such a handing over was, in fact, an extradition without any process and not a deportation.

“This is not the end of the matter”

Judge Loubser also highlighted that Dr. Nandipha Magudumana did not resist when she was handed over by the South African High Commission to officials from the Department of Home Affairs at the Tanzanian airport.

“On the contrary, she informed all and sundry that she wanted to return to South Africa to her children.”

Loubser dismissed the application with costs.

Meanwhile, Magudumana’s lawyers said they would visit their client on Tuesday for further instructions.

By jdt