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  • keyboard_arrow_rightAdvocate Anton Katz represents Dr Nandipha in her application to declare her arrest in Tanzania unlawful

Advocate Anton Katz represents Dr Nandipha in her application to declare her arrest in Tanzania unlawful

By: Natasha Archary

Nandipha Magudumana
Nandipha Magudumana

Advocate Anton Katz is representing Dr Nandipha Magudumana in her application to declare her arrest in Tanzania unlawful.

Magudumana filed an urgent application in the Free State High Court claiming she was abducted and blindfolded when she was arrested in Tanzania accompanied by convicted rapist and murderer Thabo Bester.

Advocate Katz, who specializes in International Law quoted the affidavit from an official a the High Commission that states there was an agreement reached to deport Magudumana along with Bester.

According to Advocate Katz, there is no handover in a lawful deportation and the Chief Director of Immigration at Home Affairs, speaks of a handover in his affidavit.

Katz says South African law doesn’t extend beyond the border of the country.

“On 12 April 2023, I was advised by the DG that he has received a phone call from the South African High Commission in Dar-es-Salaam that Tanzanian authorities had issued notices declaring the applicant and Thabo Bester as prohibited immigrants liable to be deported back to South Africa in terms of the Tanzanian immigration laws.

The applicant was declared as a prohibited immigrant within the meaning of the Section 23 (1) of the Tanzanian Immigration Act and she was ordered to leave Tanzania within three days by escort.

Section 25 (2) (c) of the Tanzanian Immigration Act in turn provides that where such a person has been declared a prohibited immigrant in Tanzania, he may instead of being brought before a magistrate, be placed in custody until he boards a ship or aircraft or obtains any other means of transport conveying him to a place outside of Tanzania.

The DHA was required to provide air transportation for the deportation of the applicant and Bester, and it was decided that a handover by the Tanzanian immigration officers to the South African High Commission in Tanzania, will be done in line with the Tanzanian Immigration laws.”

Advocate Anton Katz quoting the affidavit of an official from the High Commission

Meanwhile the Department of Home Affairs denies Dr Nandipha Magudumana’s claims that she was abducted and blindfolded.

Chief Director of Inspectorate for Immigration Services, Modiri Matthews, on behalf of Home Affairs Minister, Aaron Motsoaledi said Magudumana failed to take the court in her confidence by disclosing that she left the country illegally and entered Tanzania illegally.

This includes the circumstances that led to Magudumana travelling to Tanzania.

“I deny that the applicant was abducted. This is a calculated lie meant to mislead the court. I deny that the applicant was blindfolded. There is absolutely no truth to these allegations.”

Also read: Ace Magashule faces expulsion from ANC after being found guilty of misconduct

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