The awaited judgment in the appeal application of Dr Nandipha Magudumana will be delivered on Tuesday, 18 July 2023. This comes after Magudumana’s urgent court bid to have her arrest and subsequent legal proceedings set aside was dismissed by the court in June.
Advocate Kessler Perumalsamy, representing Magudumana, argued that the central point of contention lies in whether the Supreme Court of Appeal (SCA) will arrive at a different conclusion regarding the issue of consent. Perumalsamy emphasized that if the state claims that Magudumana consented to her return to South Africa, such consent should have been in writing. He further questioned whether Magudumana had been informed about the treaty between South Africa and Tanzania and the circumstances under which her alleged consent was given. Perumalsamy also highlighted conflicting views between Home Affairs and the South African Police Service (SAPS), underscoring the need for clarity on the issue of consent and its legality.
On the other hand, Advocate Neil Snellenburg, representing SAPS and the National Prosecuting Authority (NPA), expressed confidence in the case against Magudumana. Snellenburg asserted that Magudumana and her defense team are well aware of their slim chances of success at the SCA. He questioned the notion that Magudumana consented to illegality, noting that her arrest upon landing in South Africa contradicts such claims. Snellenburg suggested that Magudumana’s argument regarding consent is an attempt to exploit the situation for personal gain. He emphasized that the evidence does not support the notion that Magudumana abandoned her right to be in Tanzania willingly. According to the police, Magudumana openly expressed her desire to return home, raising the question of what might have happened if she had been left in Tanzania against her will.
Advocate Louis Pohl, representing Home Affairs, stated that his instructions are to abide by the court’s orders, indicating a commitment to respecting the legal process.
With the judgment pending, the outcome will provide clarity on the disputed issue of consent and its implications for Magudumana’s case. The decision will shape the course of the ongoing legal proceedings, shedding light on the application of relevant laws and treaties between South Africa and Tanzania. Both Magudumana and the involved parties await the court’s ruling, which will determine the next steps in this complex legal matter.
Dr Nandipha Magudumana, Appeal application, Consent dispute, Supreme Court of Appeal, Thabo Bester, Legal proceedings, Home Affairs, SAPS, NPA