By: Natasha Archary
Dr Nandipha Magudumana’s high court application to rule her arrest in Tanzania “wrongful” was dismissed with costs on Monday, 05 June.
Judge Philip Loubser handed down the judgement, ruling that Magudumana is to remain in custody.
The court’s decision was welcomed by Home Affairs Minister, Aaron Motsoaledi, whose department denied the doctor’s claims that she was abducted and blindfolded in Tanzania.
Magudumana’s attorney, Anton Katz argued that the conditions of his client’s arrest was questionable because there is no handover that needs to be done in a lawful deportation, which is how the Department of Home Affairs handled the matter.
The aesthetic’s practitioner and convicted rapist and murderer, Thabo Bester were arrested by Tanzanian authorities in April, for being in the country illegally.
Both Bester and Magudumana were then deported back to South Africa and were held in custody where they are awaiting trial.
Judge Loubser said the circumstances around Magudumana’s bid for an “urgent” application was unnecessary because she had ample time to do so, since her first court appearance.
“As for the issue of urgency, it must be understood that under the normal course of business, certain timeframes are applicable to all applications brought to the high court.
The applicant has been in South Africa since 13 April, after she was arrested in Tanzania. From 14 April, the applicant consulted with her legal representatives at the Bloemfontein Magistrates Court where she had the right to apply for bail.
However, this application was only launched on 19 May, because the applicant relied on her alleged illegal detention under special circumstances which rendered the matter urgent.
Strictly speaking she has not complied with the rules for the matter to be deemed urgent. In addition, she also failed to explain why she waited from 14 April to 19 May to launch her application on an urgent basis.
I, therefore find that the application cannot succeed, and the court would rather opt to strike the application from the roll due to lack of urgency.
I make the following order, the application is dismissed with cost, including the costs of two court employees respectfully by the first to the third respondent and the sixth respondent.”
Judge Philip Loubser dismissed Dr Nandipha Magudumana’s urgent court application
