Latest news with #Magudumana
The South African
03-06-2025
- General
- The South African
NPA to oppose Magudumana's latest bid over her deportation
The National Prosecuting Authority (NPA) says it will oppose disgraced celebrity doctor Nandipha Magudumana's latest court bid to challenge her deportation from Tanzania. On 16 May, the Supreme Court of Appeal dismissed Magudumana's application to declare her deportation from Tanzania unlawful. Magudumana was arrested with her lover and convicted criminal Thabo Bester in Arusha, Tanzania, in April 2023 after fleeing South Africa. The South African previously reported that in June 2023, Bloemfontein High Court Judge Phillip Loubser dismissed Magudumana's application for her arrest and deportation from Tanzania in April 2023 to be declared unlawful and set aside. Loubser dismissed her application with costs, saying he is not convinced that the case has a prospect of success and that a different court might come to a different conclusion. Magudumana had alleged South African police in Tanzania abducted her and contended that since her arrest was unlawful, the criminal proceedings against her in the Bester escape case were null and void, and she should be released from the Bizzah Makhate Correctional Centre in Kroonstad where she is held. On Friday, 16 May, Supreme Court Justice Tati Makgoka said the matter is dismissed with costs. NPA national spokesperson advocate Mthunzi Mhaga told the SABC that they still have to meet with their legal team and confirmed that they will file an opposition within 10 days. 'We take the view firmly so that the process of deporting Dr Nandipha Magudumana from Tanzania in April 2023 to South Africa was a seamless and above board process. There's no untoward conduct on the part of the team that escorted her. We are very much aware that there was a minority judgement that ruled in her favour, however, the majority judgement is in our favour,' Mhaga said. Magudumana's lawyer, Machini Motloung, also told the SABC that they are confident regarding their latest legal challenge, as they are of the firm view that there are prospects of success in their application for leave to appeal the SCA ruling. Motloung said that another court, in this case, the Constitutional Court, may as well arrive at a different conclusion. 'We will remain confident on the merits of our case,' he said. Regarding his client. Motloung said she remains resolute and confident in the justice system as they are following due processes. 'As I always say, she might be dismayed but not despondent. She's prepared and ready to see that justice ultimately gets done in the case. She firmly believes that there was unlawfulness in the manner in which she was handed over to the South African authorities, and hence she's pursuing this route,' he added. 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.
IOL News
03-06-2025
- Politics
- IOL News
Dr Nandipha Magudumana takes legal battle for freedom to Constitutional Court
Dr Nandipha Magudumana's last ditch attempt to gain her freedom 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
Eyewitness News
03-06-2025
- Politics
- Eyewitness News
Magudumana escalates her fight for freedom to ConCourt
JOHANNESBURG - Disgraced doctor Nandipha Magudumana has escalated her fight for freedom to the Constitutional Court. This is where she is seeking to have the latest ruling against her overturned. In May, the Supreme Court of Appeal (SCA) dismissed her bid to have her arrest in Tanzania declared unlawful in a majority judgment in the State's favour. ALSO READ: Magudumana remains an accused in Thabo Bester prison escape case after SCA judgment Magudumana was arrested in Tanzania with her lover and accomplice, Thabo Bester, who staged a brazen escape from the Mangaung prison, where he was serving a life sentence. While the SCA ruled in the State's favour against Magudumana's bid to have her arrest in Tanzania declared unlawful, there was a dissenting view from Justice Tati Makgoka. In his view, the handing over of Magudumana by Tanzanian authorities to South African home affairs officials was unlawful, with him arguing that there was no such procedure in international law. He also agreed with Magudumana that this process was a disguised extradition, which was unlawful, as South African authorities had not taken the steps for an extradition. This is the argument that Magudumana's lawyers will make - that a disguised extradition violates the rule of law. But first, they will have to apply for leave to appeal the SCA's ruling in the Constitutional Court.
IOL News
03-06-2025
- Politics
- IOL News
Nandipha Magudumana takes fight for freedom to Constitutional Court
Dr Nandipha Magudumana's last ditch attempt to gain her freedom Image: X Dr Nandipha Magudumana is taking her fight for freedom to the Constitutional Court. Magudumana, is accused of helping Thabo Bester escape prison and later, escape from South Africa to Tanzania in 2023. The pair were arrested and brought back to South Africa. On May 16, the Supreme Court of Appeal (SCA) dismissed her appeal to have her arrest and deportation declared unlawful. Magudumana, Bester and their co-accused face up to 38 charges including fraud, corruption, money laundering, arson, and defeating the ends of justice. Speaking to Newzroom Afrika, Magudumana's lawyer, Machini Motloung, said following the SCA judgment, he scheduled a consultation with Magudumana where a decision was taken to approach the Constitutional Court for an application for leave to appeal the majority judgment. At the heart of the legal battle, Motloung explained, is common cause that, in terms of the judgment, the South African authorities acted unlawfully by bringing Magudumana back to South Africa "as a disguised extradition." He said the court further made a conclusion of law that Magudumana had consented, as evidenced by her statement to the police at the time of her arrest, in which she expressed a desire to return home. "How she is deemed to have consented could not pass the constitutional master that one cannot consent to an illegality. That is central to the argument. There are other factors in the majority judgment that we are dealing with extensively that we do not agree to, hence we are approaching the court for relief," Motloung said. Motloung explained that the relief they are seeking is to have Magudumana's further detention declared unlawful and set aside. He said Magudumana is hopeful that justice will be served. [email protected] IOL
Eyewitness News
30-05-2025
- Politics
- Eyewitness News
The people must ceaselessly challenge the lawlessness of the SA government
Malaika Mahlatsi 30 May 2025 | 13:08 Nandipha Magudumana appeared at the the Bloemfontein High Court on 5 June 2024. Picture: Katlego Jiyane/Eyewitness News The people must ceaselessly challenge the lawlessness of the SA government A few weeks ago, the Supreme Court of Appeal of South Africa delivered a judgment in the Magudumana v Director of Public Prosecutions, Free State and Others. The case sought to decide whether Magudumana's extradition from Tanzania (which she contends was, in fact, an abduction by the South African Police Service (SAPS) on the instruction of the South African State) was lawful. The majority judgment found that it was. But Judge Makgoka, in his minority judgment that has been lauded by international law experts, disagrees with his colleagues, arguing that the arrest of Magudumana was unlawfully disguised as an extradition when it did not, in fact, follow proper extradition processes. The judgment is extensive, delving into the complexities of international law. But it is on page 43 of its conclusion that Judge Makgoka makes a profound reflection, one that goes beyond the case in question and to the very issue at the core of the moral crisis of the South African state – its perennial lawlessness. Speaking to this lawlessness, Judge Makgoka quotes the words of Judge Louis Dembitz Brandeis in the Olmstead et al v United States judgment, where the then Associate Justice of the Supreme Court of the United States made this profound input: 'In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously…Government is the potent, omnipresent teacher. For good or for ill, it breeds contempt for the law; it invites every man to become a law unto himself; it invites anarchy'. Judge Brandeis had spent many years challenging the erosion of morality on the part of the American state, specifically about its problematic relationship with the banking industry. For Brandeis, this relationship was one of the roots of corruption within the state, particularly because of the stranglehold that the industry and its lobby had over politicians. Nowhere was this relationship more evident than in the influence of the leading financier and investment banker of America's Progressive Era, J.P Morgan, who directly and indirectly directed American economic policy, particularly during and following the Panic of 1907. I found myself reflecting on Judge Brandeis' argument on the danger of a lawless government in the context of the recent (now withdrawn) appointment of board chairs of the Sector Education and Training Authority (SETA) and the consolidated general report on local government audit outcomes by the Auditor-General (AG). A few weeks ago, the Higher Education and Training Minister, Dr Nobuhle Nkabane, announced the board chairs of SETAs that comprised largely of African National Congress (ANC) leaders and former leaders. Following public uproar, the minister withdrew the appointments and indicated that the process would be redone. But while she claims that the withdrawal is indicative of her regard for the voices of the people, her actions border dangerously on lawlessness, or at the very least, very serious unethical conduct. That the minister presided over the appointment process and signed off on it as the Executive Authority, and then failed to account and explain her actions, choosing to restart the process, is a dereliction of duty. In South African labour law, dereliction of duty, which refers to an employee's intentional or conscious failure to perform their duties, is a serious offence, potentially leading to dismissal. The AG's report paints a debilitating picture of the state of municipal finances in the country. Only 41 of the country's 257 municipalities received clean audits. In cases of those that received unqualified audits with findings, which amount to 99, the issue of financial mismanagement is at the centre. Of particular interest for me is the City of Johannesburg, the nerve-centre of the national and regional economy, and a city that I call home. That the metro is in a state of collapse is no longer a question. It scores highest in all areas of poor performance - having the highest unauthorised expenditure at an alarming R2.8 billion, the highest water losses at R2.9 billion and the highest electricity losses at R4.9 billion. The metro also has high levels of fruitless and wasteful expenditure, with the amount standing at over R350 million in the last three years. The AG's report also noted poor governance not only in the municipality and its entities. But of significance is the criminality that the AG flagged. According to the report, nearly R1 billion in contracts in the City of Johannesburg were awarded to companies with close ties to employees of the municipality, including councillors, who failed to declare conflicts of interest in the 2023/2024 financial year. This is in direct violation of the law. The Public Administration Management Act (PAMA) 11 of 2014, specifically Section 8 (2), and Regulation 13 (c) of the Public Service Regulations, 2016, prohibit State employees from conducting business with the State or being a director of a company doing so. What this indicates is that there is a flagrant disregard for the law in the City of Johannesburg and other municipalities across the country. These are two of many instances in which the political leadership of South Africa has been very casual about being party to or presiding over complete lawlessness and immorality. It has become so embedded in our society that it does not shock anyone anymore. It is just another news item – another point of discussion on social media before something else grabs our attention. But this should not be the case. The people of South Africa should be ceaseless in challenging the lawlessness of our government whenever it rears its ugly head. Forcing the minister to withdraw her appointments was a step in the right direction. We should do more of this. As Brandeis so correctly asserted, the government should never engage in acts of lawlessness because this breeds contempt for the law and invites every man and woman to become a law unto him/herself. This breeding of anarchy is the foundation on which the erosion of the state is built. Malaika, an award-winning and bestselling author, is a geographer and researcher at the Institute for Pan African Thought and Conversation. She is a PhD in Geography candidate at the University of Bayreuth in Germany.
