Families would be in pain if she went scot-free: Motsoaledi on Nandipha Magudumana court bid

Minister of home affairs Aaron Motsoaledi says had Dr Nandipha Maguduma been successful in her bid to have her arrest and detention declared unlawful, the families of her alleged victims would have been left in pain.

Magudumana filed an application at the high court in Bloemfontein in May to have her arrest and detention declared unlawful.

She was arrested in April in Tanzania and faces charges of fraud, violating a body, corruption and aiding rapist Thabo Bester's escape from prison in May 2022.

On Monday, judge Phillip Loubser dismissed the application.

In an interview with eNCA, Motsoaledi said he was pleased at the court ruling and that Magudumana would remain in custody. 

“We cannot hide that the public gets hurt when they believe there is no justice in the country. 

“Here is a lady, who [allegedly] went around stealing corpses, including that of [Katlego] Bareng. The pain the parents and relatives would have to live with if they were to see her scot-free,” he said. 

Motsoaledi said should his department not have been part of respondents to Magudumana’s case, the court might have missed key explanations on technical processes followed to return her and Bester from Tanzania. 

“The Tanzanians called us, they said they had declared them prohibited in Tanzania and that they would not hand them to police or the army, but only to immigration officers. 

“We understood that very well, because even here in SA when we deport people, we hand them over to immigration officers.” 

Motsoaledi denied allegations that South African authorities colluded with Tanzanians for the couple's arrest. 

“We did not collude with the Tanzanians. The Tanzanians took a decision of what must be done to individuals who entered their country illegally and we followed those processes.” 

Judge Loubser said while the process to bring Magudumana to the country was extradition without due process and not deportation, Magudumana was aware of the charges she would face when she was returned.

“She consented to her removal because she wanted to be with her children.” 

“The applicant was aware at the time of her handing over of the charges she would face. She nevertheless consented, and based on that the application is dismissed,” Loubser said

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