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Court dismisses Magudumana’s ‘unlawful arrest’ application

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PHUTI MOSOMANE

JUDGE Phillip Loubser has dismissed Dr Nandipha Magudumana’s application to set aside her arrest and detention.

Magudumana approached the Bloemfontein High Court on an urgent basis to challenge what she called her wrongful ‘extradition’ and arrest in Tanzania.

Although Loubser did find Magudumana’s application urgent and therefore worthy of consideration by the Court, he said if she wanted to challenge the decision by Tanzania to deport her, she should challenge that decision in that country.

South African courts do not have jurisdiction in Tanzania, Loubser said.

The Judge questioned whether there is evidence to show that SA officials colluded with Tanzanian officials to deport Magudumana and convicted rapist Thabo Bester.

“Deportation is usually a unilateral act while extradition is consensual. Is there evidence then that SA officials colluded with Tanzanian officials?”

The Judge also ruled that the version of the SA High Commission in Tanzania was contradictory to

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