Dr Nandipha appeared before the Bloemfontein Magistrates Court today for her two bail hearing. Images- X@Sli_Masikane/Canva
[WATCH]Bail Hearing: Defence to argue Dr. Magudumana’s rights vs. justice
In the Bloemfontein Magistrates Court, a somber Nandipha Magudumana listened as her lawyers recounted the events that led to her Tanzanian arrest. The defence will try to convince the court that her constitutional rights outweigh the interest of justice.
Dr Nandipha appeared before the Bloemfontein Magistrates Court today for her two bail hearing. Images- X@Sli_Masikane/Canva
On Tuesday, 29 August, the defense lawyers of Dr. Nandipha Magudumana will reportedly try to argue over the next two days that her constitutional rights are more important than the interest of justice in her bail hearing.
Dr. Magudumana was arrested on 13 April, 2023, by Free State Serious Organised Crime and has been in custody for nearly four months, according to OFM News.
ALSO READ:‘She will escape the country’: Will Dr Nandipha apply for bail today?
Dr. Nandipha Magudumana bail hearing is over the next two days
The bail hearing is scheduled for both Tuesday and Wednesday. She is believed to be the primary accomplice in the escape of Thabo Bester, the Facebook rapist.
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After reserving her right to apply for bail, she now seeks it. She challenged her Tanzanian arrest in Free State High Court twice, without success.
Thabo Molete, a criminal law expert at Molete Attorneys, expects her argument, considering the case’s events, to sway the magistrate in favor of bail. Molete asserts that her right to freedom should surpass justice concerns.
“We believe the state will contest bail, citing the Criminal Procedure Act’s 60(4), stating it’s against justice. They’ll argue flight risk and unsuitability,” Molete stated. He noted her lawyer might counter with her role as a mother, professional, and financial hardships.
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They could also contend that ongoing police investigations causing delays jeopardise her freedom by infringing on her rights.
Claims in court that she was forced to flee the country by Bester
The 34-year-old beauty specialist claimed that even though she resisted, Bester coerced her into the car and made threats. However, she didn’t explain the details of the threats.
“I was powerless and had no one to turn to. I obeyed reluctantly and was unwillingly taken out of the country,” Magudumana said.
ALSO READ: Will she succeed? Dr Nandipha Magudumana to apply for bail TODAY
In her bail plea, Magudumana argued her Tanzanian arrest was illegal and her civil case was unresolved. She further asserted her right to remain silent regarding the charges.
These charges encompass assisting Bester’s escape and desecrating a body. She assured the court that she wouldn’t disclose her actions in Tanzania.
ALSO READ: EXPLOSIVE reactions:Dr. Nandipha’s letter sparks shockwaves
In an explosive twist last week, Dr. Nandipha Magudumana, through her legal representatives, penned a letter alleging abuse by influential South African families.
Magudumana promised to reveal some of these instances, and she also intends to highlight the violation of women inmates’ rights at the correctional facility.
