Nandipha Magudumana's legal team argues her deportation was 'disguised extradition'

Dr Nandipha Magudumana's counsel has argued at the high court in Bloemfontein on Thursday that her deportation was actually an extradition. 

Magudumana brought an urgent application to court to have her arrest and detention declared wrongful and unlawful. She was arrested in April in Tanzania with her boyfriend Thabo Bester, a convicted rapist and murderer who had escaped from prison. They were returned under escort to South Africa on a chartered flight.

She roped in top international law advocate Anton Katz SC, who told the court Magudumana's deportation was a disguised extradition where there was collusion between South African authorities and Tanzania. 

“The SAPS and NPA contend that there was a deportation decision by Tanzania on April 12, which required the applicant [Magudumana] to leave Tanzania within three days.

“The conduct of the respondents is quintessentially a disguised extradition. There was no unilateral act on the part of Tanzania because there was an agreement to deport to SA.

“The applicant was not entitled to place herself beyond Tanzania's borders within three days, because she was handed over to SA officials who exercised custody over her. And the basis of her deportation was to achieve the purpose of extradition — namely, securing the presence of the applicant in SA to stand trial on criminal charges,” Katz said. 

Katz maintained that the SA authorities followed the wrong procedure because instead of seeking the extradition of Magudumana, they agreed with Tanzania to arrange her deportation to SA. 

“In doing so, they overlooked the correct mechanism for securing the presence of a sought person in SA,” he said. 

“The respondents acted in a procedurally irrational manner by securing an agreement to deport the applicant rather than after the extradition process.”

The hearing continues.

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