By: Natasha Archary
Dr Nandipha Magudumana’s bid to appeal her arrest in Tanzania unlawful was dismissed with costs on Tuesday, 17 July in the Free State High Court.
Judge Philip Loubser handed down the decision saying he was not convinced that another court would come to a different conclusion.
The aesthetics practitioner who has been implicated in the Thabo Bester escape scandal launched her bid to declare her arrest in Tanzania and extradition back to South Africa unlawful.
Her bid was initially dismissed with costs on 05 June, but Dr Nandipha chose to appeal this ruling which was also dismissed, meaning the doctor is to remain in custody.
Dr Nandipha, who is facing a slew of charges including tampering with dead bodies and assisting a convicted rapist and murderer from escaping lawful custody, claimed she was abducted/kidnapped by South African officials from Tanzania.
However, Home Affairs Minister Aaron Motsoaledi’s department denied these allegations, saying both Thabo Bester and Dr Nandipha were in Tanzania unlawfully and was arrested by Tanzania authorities, who then liaised with South African officials to arrange their extradition.
In his judgment, Judge Loubser said no person can waive their constitutional right, and acknowledged that the court erred in its decision to not declare the conduct of the respondent unconstitutional.
“Having regard to all the submissions by the applicant in the present application for leave, I am of the view that those submissions cannot be successful in light of the findings of fact by this court in the application launched by the applicant.
I am therefore not persuaded that another court would come to a different conclusion, or that there are other compelling reasons why the matter should proceed on appeal.
The following order is therefore made, the application for leave to appeal is dismissed with costs.”
Judge Philip Loubser dismissed Dr Nandipha Magudumana’s leave to appeal her arrest in Tanzania unlawful
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