Magudumana judgment based on precedent of higher court, says judge
In refusing to declare that Nandipha Magudumana was unlawfully apprehended, the judge said he was bound by judicial precedent
In dismissing Nandipha Magudumana’s application to declare unlawful her apprehension and arrest in Tanzania, judge Phillip Loubser said he was bound by earlier judgments of a higher court. These found that, where a person under investigation for criminal offences is transported to South Africa from a foreign jurisdiction, there was no breach of their fundamental human rights or international law if it is done voluntarily or with their consent. ..
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