Magudumana remains an accused in Thabo Bester prison escape case after SCA judgment
JOHANNESBURG - Disgraced doctor, Nandipha Madumana, will remain on the list of accused in the Thabo Bester prison escape case after the SCA dismissed her appeal.
Magudumana's bid to have her arrest in Tanzania declared unlawful failed on Friday when the appeals court delivered a majority judgment in the State's favour.
She was arrested while on the run with her lover and accomplice, convicted killer Thabo Bester who had escaped from the Manguang prison where he was serving a life sentence.
ALSO READ: NPA welcomes Supreme Court ruling on Magudumana's arrest
While four out of the five supreme court judges dismissed Magudumana's bid, Justice Tati Makgoka had a dissenting view.
In his view, the handing over of Magudumana by Tanzanian authorities to South African home affairs officials was unlawful, arguing there was no procedure in international law.
He also agreed that this process was a disguised extradition, which was unlawful as South African authorities had not taken the steps for an extradition.
Had Makgoka's view been that of the majority, Maguduma would no longer be on the list of the accused.
But following a majority judgment dismissing her appeal, she will have to stand trial in July in the Free State High Court.
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