Dr Nandipha Magudumana in court. Image via Twitter @joy_zelda
Dr Nandipha: Some rights seem to have been infringed – analyst
Dr Nandipha Magudumana filed an urgent application to declare her arrest in Arusha unlawful. She also wants to be released from custody.
Dr Nandipha Magudumana in court. Image via Twitter @joy_zelda
Legal analyst Mpumelelo Zikalala says celebrity doctor Nandipha Magudumana’s chances for a successful application in challenging her arrest in Tanzania are zero to none.
Magudumana filed an urgent application in the Bloemfontein High Court for her arrest and deportation to be declared wrongful and unlawful. She was arrested with her lover and convicted criminal Thabo Bester in Arusha, Tanzania, in April after fleeing South Africa.
DR NANDIPHA MAGUDUMANA FILES AN URGENT APPLICATION
As previously reported by The South African, Magudumana is one of the suspects charged with aiding and abetting a criminal to escape from lawful custody.
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.
Other parts of her application detail that the accused wants the court to set aside the current criminal proceedings against her in the Bloemfontein Magistrate’s Court, and she wants to be discharged from the Department of Correctional Services (DCS) custody.
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LEGAL ANALYST WEIGHS IN
In an interview with Newzroom Afrika, legal analyst Mpumelelo Zikalala said Magudumana stands no chance of winning in her bid.
Zikalala said there are alternative remedies, and there is an appropriate manner in which this particular matter can be solved.
“It does not have to be solved on an urgent basis, but you can’t ignore that there are rights that are at stake; there are rights that seem to have been infringed at this particular stage. However, there is a reason for them being infringed, and there’s probably a valid explanation as to why those rights were infringed,” Zikalala explained.
The legal analyst added that when the State defends the matter, it is going to say there is a perfectly open opportunity for Magudumana to protect her rights. Still, she chose not to apply for bail despite being given ample opportunities.
Zikalala said the basis of urgency alone, without even going to the merits of what she is saying is correct and true, the court will dismiss the application because it will not be urgent.
When she appeared at the Bloemfontein Magistrate’s Court on 11 May, Magudumana opted not to apply for bail due to crucial evidence emerging. She and the other accused are expected back in court on 20 June.
The urgent application will be heard in the Bloemfontein High Court on Thursday, 25 May.
