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 Magudumana and the Court could not accept her version.
In one statement, the High Commissioner said that there was an agreement between SA and Tanzania authorities and this contradicted Magudumana’s earlier statement in which she said that it was purely the decision of the Tanzanian authorities to arrest and deport her.
In delivering the ruling, the court found that Magudumana consented to her return to SA.
“The respondents actively participated in the handover and contended that it was done in line with Tanzania laws. What they were not aware of is that, that handover was extradition,” said the Judge.
“In the present case I have no hesitation that Magudumuna was aware of the charges that would be leveled against her in SA. She consented to her removal. I find the application cannot succeed. It is dismissed with costs,” the Judge ruled.
Magudumana was represented by Anton Katz SC, a top international law advocate.
Given that Magudumana’s application to have her arrest declared unlawful has failed, she remains in detention at the Kroonstad Correctional Centre in the Free State.
INSIDE POLITICS
