Dr Nandipha Magudumana takes legal battle for freedom to Constitutional Court
Image: X
Dr Nandipha Magudumana is bent on making on making another bid for freedom, two weeks her the Supreme Court of Appeal (SCA) denied her appeal, now she is approaching the highest court in the land-the Constitutional Court.
In a high-profile matter that has drawn huge media interest, Magudumana, who stands accused of facilitating the escape of convicted criminal Thabo Bester from prison, has been embroiled in a case riddled with complexity and intrigue.
The couple's dramatic escape from South Africa to Tanzania in 2023 drew national attention, culminating in their eventual arrest and extradition back to South Africa. On May 16, the SCA dismissed Magudumana's appeal to declare her arrest and subsequent deportation unlawful, which has prompted her legal team to launch a fresh challenge.
According to Machini Motloung, Magudumana's attorney, the decision to approach the Constitutional Court was reached after extensive discussions with his client.
"The judgment creates common cause that South African authorities acted unlawfully by bringing Magudumana back as part of a disguised extradition," Motloung elaborated in an interview with TV channel Newzroom Afrika.
At the core of their argument lies the assertion that Magudumana's consent to return was misinterpreted.
Motloung explains that the court concluded she had expressed a desire to return home in her police statement at arrest—a notion that the defence strongly contests. "The key point is that one cannot consent to an illegality,' he argued, underscoring the gravity of their legal position.
With the pressing circumstance of 38 charges against her and Bester, which include fraud, corruption, money laundering, and more, the stakes are undeniably high.
The period ahead is critical not only for Magudumana but also for the broader implications it poses for the legal system's treatment of extradition and consent.
As Magudumana's next steps unfold, her legal team remains resolute in their pursuit of justice. "We are seeking relief to have her further detention declared unlawful and set aside," Motloung stated.
The hope for a fair hearing weighs heavily on both Magudumana and her supporters as they brace for the complexities of the constitutional review process ahead.
DAILY NEWS
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The South African
3 hours ago
- The South African
Malusi Gigaba praises fiancée: 'My greatest love'
Malusi Gigaba has paid tribute to the new woman in his life, fiancée Nomfundo Fakudze. The former Minister of Finance and Home Affairs was previously married to IT businesswoman Norma Mngoma, who recently made headlines with a TV tell-all on their marriage and divorce. Before Norma, he was married to Thabong Nxumalo. In a recent Instagram post, Malusi Gigaba wished his fiancée Nomfundo Fakudze a happy birthday. The 53-year-old posted a video montage of his financial investor partner. He captioned the sentimental post: 'There are no words grand enough to truly express how much you mean to me, and how happy I wish you to be on your birthday. You are my best friend, my anchor, my greatest love, and my reason for smiling every day. 'I hope your birthday is filled with all the love and happiness you deserve, because you deserve the absolute world'. View this post on Instagram A post shared by Malusi Gigaba (@malusi_gigaba) In the comments section, Nomfundo thanked her partner, responding: 'The future looks too bright and it's definitely not an accident'. Before serenading his current partner, Malusi Gigaba was married to Norma Mngoma from 2014 to 2021. The IT businesswoman is the mother of his two sons. His first wife, Thabong Nxumalo -whom he divorced in 2014 – is the mother of his daughter. According to Norma – whose bombshell tell-all on Showmax's Untied had tongues wagging – Malusi Gigaba allegedly bedded several mistresses during their marriage. Norma Mngoma claims she caught her then-husband Malusi Gigaba in bed with another via Instagram: @ During her interview, Norma claimed she received countless messages from women who claimed that they had sexual relations with her then-husband. She brushed them off, as her then-husband contended that they were 'jealous' of their relationship. In 2020, Norma claims she caught Malusi in bed with another woman, who she claimed moved into their home several days later. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1. Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X, and Bluesky for the latest news.
Daily Maverick
4 hours ago
- Daily Maverick
Competition Commission and international banks to square off in ConCourt over rand price-fixing accusations
The case stems from allegations that the banks were manipulating the foreign exchange rate between the US dollar and the rand over several years by sharing information on messaging platforms. The Constitutional Court is due to hear four days of legal argument in a matter involving the Competition Commission and more than two dozen banks from across the world, which the commission has accused of 'the most egregious form of anti-competitive conduct'. The case stems from allegations that the banks were manipulating the foreign exchange rate between the US dollar and the rand over several years by sharing information on messaging platforms. Three cases, one brought by the commission and the other two brought by the French bank BNP Paribas and US-based Credit Suisse Securities, have been combined into a single massive hearing at which the court will determine whether all or some of the banks should be held liable for colluding. Years of legal battles The case has its origin in a 2017 referral by the Competition Commission to the Competition Tribunal, in which the commission alleged that international traders were using the Bloomberg instant messaging service to discuss the pricing of the US dollar to rand exchange rate. The commission eventually included 28 banks in its case referral. 'The traders shared competitively sensitive information and made arrangements to assist each other by coordinating their trading activities. The traders would regularly agree on the bid-offer spread or spot rate for buying and selling of the USD/ZAR currency paid,' said the commission. The traders would also make arrangements to manipulate the bid-offer prices on the Reuters trading platform by agreeing on the order of transacting, withholding their trades, or posting 'fake bids and offers', said Makgale Mohlala, the manager of the cartels division of the Competition Commission, in an affidavit before the ConCourt. Various banks filed appeals and exceptions to the case, alleging that the commission did not have the jurisdiction to refer the case. The Competition Appeal Court heard the matters and found that the commission had no jurisdiction with regard to 17 of the international banks. Just four international banks were retained in the case: BNP Paribas, Credit Suisse Securities, JPMorgan Chase and Co, and HSBC Bank PLC. South African banks Standard Bank, Nedbank Limited and FirstRand Bank Limited had also appealed against the initial referral, but the court dismissed their cases. 'Single overarching conspiracy' Mohlala said the commission 'cannot accept this outcome in a case involving the most egregious form of anti-competitive conduct'. The commission had said that there was a 'single overarching conspiracy' among the banks. 'The manipulation impacted on the exchange rate of the South African rand, which in turn affected various parts of the South African economy — including imports and exports, foreign direct investment, public and private debt, companies' balance sheets, with the attendant implications for the prices of goods and services and financial assets,' said Mohlala. The commission also alleges that the Competition Appeal Court (CAC) erred in several conclusions of its judgment, saying it created new requirements for jurisdiction and contradicted itself. No constitutional issue Some of the banks that were listed in the initial complaint have opposed the commission's application, criticising the way the commission handled the initial complaint and subsequent litigation. Standard Bank of South Africa is among these, saying the commission ignored important information when formulating its complaint. In an affidavit, Ian Sinton, the former general counsel and current consultant for Standard Bank, said the bank was opposing the commission because 'there is no constitutional issue implicated' and 'it is not in the interests of justice' that leave to appeal be granted. He claimed that the bank had raised several factual issues during the Competition Tribunal phase that were ignored. 'Numerous opportunities have been afforded to the commission to plead a sustainable case against [Standard Bank], and it has failed to do so. Contrary to its obligation of impartiality imposed by section 20 of the Competition Act, the commission has shut its mind to relevant information furnished to it by Standard Bank, including easily verifiable facts which dispose of the case,' said Stinton in court papers. The bank also argues that the commission didn't have jurisdiction to prosecute it because the alleged misconduct did not take place in its local office. 'The commission made out no case at all linking the activities of the Johannesburg branch to any cause of action, and so the deficiencies in alleging subject matter jurisdiction remain exactly as before,' said the bank through its lawyer Martin Versfeld. The lawyer for Bank of America and Merrill Lynch, Pierce, Fenner & Smith, Shawn van der Meulen, has criticised the commission for raising new legal issues that were not brought up during the initial appeal. JPMorgan Chase has also criticised the commission's decision to approach the ConCourt, saying the case 'does not legitimately raise a constitutional issue'. Banks appeal Two of the banks whose tribunal referral was ruled as valid, BNP Paribas and Credit Suisse Securities, have launched their own cases. BNP alleges that the commission has not properly pleaded its revised case. 'By failing to properly plead its case, the commission has fallen short of the requirements imposed on it by the CAC. This raises a constitutional issue in that this court is called on to decide whether the rule of law, enshrined in section 1 of the Constitution, can accommodate a situation in which the commission can exercise its prosecutorial powers in contravention of an order of the CAC, which binds the commission,' said Rudolph Labuschagne, BNP's attorney. Credit Suisse Securities has also taken issue with how the commission initiated its investigation. The commission 'exceeded [its] statutory power and thereby violated the principles of legality and the rule of law. These are quintessential constitutional matters,' said Paul Cleland, the attorney for Credit Suisse Securities. Credit Suisse also takes issue with the appeal decision, saying the CAC failed 'to treat like parties alike in the same proceedings — for no good reason whatsoever'. It believes it should have got an exception, like several other international banks. The bank says this action is 'patently arbitrary and irrational'. 'The CAC order violates the right to equal treatment before the law under section 9 (1) of the Constitution, which 'entitles everybody, at the very least, to equal treatment by our courts of law'.' Due to the similarity of issues being dealt with, the ConCourt has combined all three cases into one hearing. Argument will be heard from 19-22 August. DM
The South African
5 hours ago
- The South African
Tristan Tate defends Dricus against 'racist' comments
Tristan Tate – the brother of Andrew Tate – has defended Dricus du Plessis against critics who labelled him a 'racist'. Like the former UFC Middleweight World Champion, Tristan is known for his outspoken views on farm killings, 'white genocide,' and his endorsement of US President Donald Trump. Tristan, like Andrew, is also a former professional kickboxer. On his X account, Tristan Tate defended Dricus du Plessis against his critics. Tagging the former UFC Middleweight World Champion, Tristan posted: 'The hate @dricusduplessis is getting from people is totally unjustified.' He added, 'Chin up, champ, ignore the noise'. Tristan previously defended Dricus after fellow UFC fighter Israel 'Izzy' Adesanya claimed that the South African was 'not African'. He posted: 'Saying @dricusduplessis isn't African because he's white is super racist. 'He's African and so is Elon, do none of you know basic history?'. On X, many South Africans have accused Dricus of being a 'racist' after he publicly praised US President Donald Trump, who accused South Africa of promoting a 'white genocide'. Earlier this year, the 31-year-old said of the newly re-elected statesman: 'He is amazing, and I've had the privilege of meeting him. 'He said good changes are coming. He's holding many people and countries accountable for everything, and it's amazing to see'. Dricus also gave a 'big shout out to fellow South African Elon Musk for also doing the right thing.' Dricus du Plessis has praised Donald Trump and Elon Musk for speaking out about South Africa. Images via Instagram: @ufc Dricus – who has been vocal about farm killings – also infamously criticised South African President Cyril Ramaphosa. Speaking to US interviewer Nina Drama ahead of his UFC title fight last year, the Pretoria MMA fighter accused the government of 'screwing up' the country. He said: 'It's the worst government in the world by a long shot. We are truly and exceptionally s**t…it's the most corrupt in the world.' He continued: 'Our country is beautiful, the people are amazing…..There are a lot of great people doing great work. But I have to say, the government is terrible. Do I admit the tenacity with which they screw up? It's astonishing'. Of President Cyril Ramaphosa, he added: 'He takes all the money.' Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1. Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X, and Bluesky for the latest news.
