Judge dismisses Dr. Magudumana’s application for leave to appeal with costs

Doctor Nandipha Magudumana’s application for leave to appeal the Free State high court ruling that she had consented to return to South Africa, has been dismissed with costs.

Magudumana had asked the court in May to declare her arrest in Tanzania and extradition to South Africa unlawful. She was arrested alongside escaped convict Thabo Bester.

Magudumana says she was unlawfully extradited and wanted the court to order that she be released from custody and to rule that the Bloemfontein Magistrates’ Court does not have jurisdiction to try her.

Magudumana is facing several charges, including fraud, aiding an escape and violating dead bodies

On Tuesday, Judge Philip Loubser dismissed her application, finding that it has no reasonable prospect of success.

“It was contended on behalf of the applicant that consent may not be given to unconstitutional conduct, because it would undermine the doctrine of objective constitutional invalidity,” said Judge Loubser.