Nandipha Magudumana

Dr Nandipha Magudumana and her lawyer Advocate Anton Katz. Images: GroundUp and Twitter/@AdvAntonKatz.

Dr Nandipha should’ve been asked for consent before being deported – Lawyer argues

Dr Nandipha Magudumana wants her arrest in Tanzania and deportation to South Africa to be declared wrongful and unlawful.

Nandipha Magudumana

Dr Nandipha Magudumana and her lawyer Advocate Anton Katz. Images: GroundUp and Twitter/@AdvAntonKatz.

Disgraced celebrity doctor Nandipha Magudumana’s legal representative Advocate Anton Katz has told the Free State High Court in Bloemfontein that his client should have been asked for consent before being deported to South Africa.

Magudumana who was arrested in Arusha, Tanzania along with her boyfriend Thabo Bester filed an urgent application to have her arrest declared wrongful and unlawful.

COURT HEARS ARGUMENTS ON DR NANDIPHA MAGUDUMANA’S APPLICATION

As previously reported by The South African, Magudumana wants her “apprehension, arrest and abduction” in Arusha, Tanzania, on 7 April, her transportation to South Africa, and her local arrest to be undone.

Magudumana is one of eight people the State accuses of aiding and abetting the prison escape and she is currently imprisoned in Kroonstad.

ALSO READ: Dr Nandipha: Some rights seem to have been infringed – analyst

When he started his argument on Thursday, Katz said it needs to be established what Home Affairs and South African Police Service (SAPS) officials were doing in Tanzania. He then went on to explain the difference between a deportation and an extradition.

Katz said they will show Magudumana’s deportation was a disguised extradition where there was collusion between South African authorities and Tanzania.

ALSO READ: What was Nandipha doing with Dr Pashy’s expired and valid passports?

The Senior Counsel argued that Magudumana did not agree to be deported, which defies international laws stipulating that Magudumana should have been made aware of her rights and asked for her consent.

Katz claimed that officials from South African police and home affairs went against protocols in bringing Magudumana back to South Africa to face charges related to Bester’s escape from the Mangaung Correctional Centre in May 2022.

“The facts demonstrate that this was an extradition,” he said.

Meanwhile, Advocate Neil Snellenburg for SAPS and the Director of Public Prosecutions argued that Magudumana wanted to come home and that there is no evidence suggesting that SAPS was involved in any unlawful conduct. .

The hearing continues.

ALSO READ: Home Affairs slams Dr Nandipha’s claim that she was abducted in Tanzania

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