The Supreme Court of Appeal (SCA) has dismissed a high-stake by the disgraced Dr Nandipha Magudumana to have her return from Tanzania declared unlawful. The majority ruling, delivered on May 16 (2025), confirmed the legality of her deportation and cleared the way for her high-profile criminal trial in July.
However, a dissenting opinion by Justice Tati Makgoka has cracked the door open for a possible escalation to the Constitutional Court.
Magudumana, who was arrested in Tanzania in April 2023 while on the run with convicted murderer and rapist Thabo Bester, argued that her return to South Africa constituted an unlawful “disguised extradition” and that her constitutional rights had been violated.
Majority ruling: No unlawfulness in her return
In a majority ruling backed by Justices Fayeeza Kathree-Setloane, Trevor Gorven, and Nettie Molopa-Sethosa, the court dismissed her appeal with costs. Deputy President of the SCA, Justice Dumisani Zondi, noted:
“There is overwhelming evidence that she and Mr Bester were arrested by Tanzanian authorities for having violated the immigration laws of that country. When she arrived at Lanseria airport, she was lawfully arrested by members of SAPS.”
Justice Zondi emphasized that Magudumana had clearly expressed a desire to return home:
“She had informed all and sundry that she wanted to return to South Africa to her children.”
Furthermore, Zondi rejected claims of involvement by South African police in her Tanzanian arrest, noting:
“The version of the minister is that members of SAPS were not involved in her arrest or her removal from the country. There is no reason to reject this version.”
The SCA also ruled that there was no collusion between South African and Tanzanian officials to bypass extradition protocols.
Minority judgment: State cannot act unlawfully
In a sharply critical dissent, Justice Tati Makgoka argued that the circumstances of her return did constitute a disguised extradition and warranted her release.
“Even if Magudumana had not been arrested by SAPS in Tanzania, consideration should be given to the lawfulness of her being handed over by Tanzanian authorities to South African authorities,” he stated in the GroundUp article.
He continued:
“There is no procedure in international law in terms of which a fugitive from justice could simply be ‘handed over’ – that could only be done through an extradition process.”
Makgoka also rejected the state’s reliance on Magudumana’s alleged consent:
“What real choice, it may be asked, did she have? It is safe to assume that had she indicated that she wished to go to any other country except South Africa, her wish would not have been respected.”
“I am of the view that a valid consent can only be made with prior and full knowledge of the rights being waived and not after an infraction of such rights had occurred.”
Had the majority agreed with him, he said, the criminal proceedings would have been halted, and Magudumana released.
NPA welcomes outcome — but readies for Apex Court
The National Prosecuting Authority (NPA) has welcomed the ruling but acknowledged the possibility of a Constitutional Court challenge.
NPA spokesperson Mthunzi Mhaga stated:
“The NPA’s prosecution team will now focus on ensuring the trial set down for July 21 to September 19 before the Free State High Court in Bloemfontein proceeds without unreasonable delay.”
When asked whether the NPA was prepared for a Constitutional Court battle, Mhaga responded emphatically:
“We are ready to release our legal prowess, our prosecutorial arsenal to make sure they lose at the apex court as well.”
“It has injected a sense of resoluteness to ensure that what we seek to do for the victims of crime is realised.”
What lies ahead for Magudumana
Magudumana remains behind bars and is set to stand trial on 38 serious charges, including:
- Fraud
- Corruption
- Money laundering
- Assisting an inmate to escape
- Violation of a corpse
- Arson
- Defeating the ends of justice
The charges stem from her alleged role in orchestrating Thabo Bester’s dramatic May 2022 escape from Mangaung Correctional Centre, where he was serving a life sentence.
With the SCA ruling now against her, her legal team’s only remaining recourse is an appeal to the Constitutional Court, where the arguments raised in Justice Makgoka’s dissent could be tested.
A case that captivated the nation
Magudumana’s story has gripped the country, from her glamorous social media past to her dramatic arrest and alleged threats from Bester. The upcoming trial promises to draw national scrutiny and global media interest.
As South Africa waits for the next legal move, one thing is clear: the rule of law is being tested, and the eyes of the nation are watching.
Additional resources
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