Tuesday 23 May 2023


Dr Nandipha Magudumana says during her arrest in Tanzania she was forcefully abducted and blindfolded, before being taken to the airport.

She made the claims in an application to the high court in Bloemfontein seeking to have her arrest and detention declared wrongful and unlawful.

Magudumana was arrested in April in Tanzania with her boyfriend Thabo Bester, a convicted rapist and murderer who had escaped from prison. She has been in custody since.

“Presently I'm illegally detained at the Bizzah Makhate Correctional Centre in Kroonstad by the fifth respondent,” Magudumana said in her papers.

Magudumana is accused of having assisted Bester to escape from Mangaung correctional facility after he staged a “suicide” in his single cell in May last year.

Her urgent application will be heard on Friday.

In her court papers, she has cited the Free State director of public prosecutions, the minister of police, a Capt Tieho Flyman, the presiding magistrate for the criminal case and the head of the Bizzah Makhate Correctional Centre as the respondents.

Minister of home affairs Dr Aaron Motsoaledi on Monday stated his department wanted to join the proceedings as an interested party.

He told a news conference Magudumana was not unlawfully “abducted” or “extradited” from Tanzania.

“Dr Nandipha Magudumana and Thabo Bester were declared prohibited immigrants in terms the immigration laws of Tanzania and were therefore, as a matter of law, liable to be deported back to their country of origin. The same procedure was followed in respect of the Mozambican national who was in their company,” Motsoaledi said.

In her affidavit, Magudumana argues Tanzania is a sovereign African country

“None of the respondents and more, in particular, the second respondents [police minister] (or its employees) have any jurisdiction or authority to arrest anyone there and/or the authority to remove South Africans (save where properly authorised by the authorities in Tanzania),” reads Magudumana's affidavit. Times 


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