While judgment has been reserved in Dr Nandipha Magudumana's extradition appeal, the National Prosecuting Authority is confident that her application will be dismissed, no matter which court she appeals to.
Magudumana’s matter was heard in the Supreme Court of Appeal in Bloemfontein on Thursday in the hopes of having the judges rule in her favour.
She is challenging the grounds on which she was brought back to South Africa following her arrest alongside Thabo Bester in Tanzania in April 2023. The pair fled to Tanzania after it was discovered the Bester faked his death and escaped from the Mangaung Correctional Centre on May 3, 2022.
Magudumana claims her deportation was a disguised extradition.
Unpacking Magudumana's claim, the bench of five judges said they did not see proof of her arrest by members of the South African Police Services (SAPS) in Tanzania.
The NPA's Advocate Mthunzi Mhaga said the NPA has always maintained that Magudumana's deportation process was seamless and above board, including her arrest at the Lanseria Airport.
Speaking to Newzroom Afrika, Mhaga said the argument put forward by her lawyer, Advocate Anton Katz SC, could not hold any water as the defence could not demonstrate, convincingly to the judges, that SAPS played any role in the process.
He said the NPA meticulously put forward its case and Magudumana's appeal would be dismissed.
He added that he hoped judgment would be made before the close of 2024.
Mhaga said he was confident that even if Magudumana approached the country's apex court, the Constitutional Court, her appeal would be dismissed.
Magudumana and Bester face charges including; fraud, corruption, violation of a body and defeating the ends of justice.
The pair are charged alongside; Magudumana’s father, Zolile Sekeleni, Senohe Matsoara, Teboho Liphoko, Buti Masukela, Tieho Makhotsa, Zanda Moyo, and Joel Makhetha.
The trial date has been set down for February 10, 2025.
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