Latest news with #Magudumana
Eyewitness News
3 days ago
- 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.
The South African
19-05-2025
- The South African
SCA Confirms: SAPS didn't abduct Magudumana in Tanzania
The Supreme Court of Appeal was asked to decide whether Dr Nandipha Magudumana was unlawfully arrested and 'abducted' by South African Police Service (SAPS) members in Tanzania, then flown back to Johannesburg. At issue is not only the legality of her removal but also South Africa's jurisdictional reach beyond its borders. Here's how the courts unraveled the facts. Magudumana, a suspect in the high-profile escape of convicted murderer Thabo Bester, fled South Africa and was later located in Tanzania. Magudumana launched an urgent application in the Free State High Court, claiming that on 6 April 2023 she was arrested on Tanzanian soil by SAPS officers, blindfolded and forced onto a Department of Home Affairs aircraft for deportation to South Africa . Had this been true, such cross-border action would have been unlawful under both South African and international law. The High Court found that although Magudumana's deportation resembled an 'extradition dressed up as a deportation,' she had consented to return to care for her children and therefore acquiesced to the process. On appeal, however, the Supreme Court of Appeal (per Zondi DP) focused on pleadings: Magudumana failed to establish that any SAPS member arrested her in Tanzania. Instead, the Tanzanian authorities had detained her for immigration offences, handed her to SA consular officials, and only upon arrival at Lanseria Airport was she formally arrested by SAPS . Accordingly, the appeal was dismissed. This judgment underscores that SAPS may not unilaterally extend its powers into foreign sovereign territory. Any allegation of cross-border arrest must be pleaded with clear factual detail. Moreover, it reaffirms that a court will decide disputed factual versions against the applicant when urgent, final relief is sought. For South African law enforcement, the ruling is a cautionary tale: jurisdictional overreach abroad will not be condoned without explicit legal authority. 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.
Eyewitness News
17-05-2025
- Eyewitness News
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.
Eyewitness News
17-05-2025
- Politics
- Eyewitness News
NPA ready for ConCourt battle should Magudumana choose to escalate bid for freedom
JOHANNESBURG - The National Prosecuting Authority (NPA) said it would be fully armed for a Constitutional Court battle should Dr Nandipha Magudumana choose to escalate her bid for freedom to the apex appeal was dismissed in the Supreme Court of Appeal (SCA) on Friday, with the majority of the justices rejecting her claim that her deportation from Tanzania was a disguised extradition. ALSO READ: Magudumana remains an accused in Thabo Bester prison escape case after SCA judgment The disgraced doctor was brought back to South African soil in April 2023 after she was captured while on the run with convicted killer Thabo escaped from the Mangaung Prison where he was serving a life lawyers said she had not decided whether to take her bid to the highest court in the the NPA's Mthunzi Mhaga said they were ready. "We are ready to release our legal prowess, our prosecutorial arsenal to make sure they lose at the apex court as well."
TimesLIVE
16-05-2025
- Politics
- TimesLIVE
SCA dismisses Nandipha Magudumana's deportation appeal
The Supreme Court of Appeal (SCA) has dismissed Nandipha Magudumana's bid to have her deportation from Tanzania declared unlawful. The SCA briefly handed down the judgment on Friday. The majority judgment dismissed the appeal with costs of the two counsels, while the minority judgment upheld the appeal. The National Prosecuting Authority (NPA) welcomed the judgment but also noted the minority judgment. In June 2023, Free State High Court judge Phillip Loubser dismissed Magudumana's application for her arrest and deportation from Tanzania to be declared unlawful and set aside. In his ruling, Loubser found she had consented to her removal by South African home affairs officials from Tanzania as she wanted to return home to be with her children. 'The NPA's prosecution team will now focus on ensuring the trial set down for July 21 to September 19 before the Free State High Court in Bloemfontein proceeds without unreasonable delay,' said NPA spokesperson Mthunzi Mhaga. Magudumana and her co-accused face 38 counts of fraud, corruption, money laundering, assisting an inmate to escape, violation of the body, arson and defeating the ends of justice. 'The NPA is committed to ensuring justice is not only done but seen to be done because of the alleged crimes' impact on the rule of law and the victims,' he said.
