Dr Nandipha Magudumana has launched an audacious bid for freedom.
This comes after her legal representatives argued that her arrest was unlawful and they would like her arrest to be deemed unlawful.
Magudumana on Friday filed an urgent court application to the Free State High Court in a bid to declare her arrest in Tanzania and subsequent deportation to South Africa for detention unlawful.
The popular socialite doctor looks set to exercise her bail bid. She also alleged that her arrest was as good as “abduction”.
Nandipha and Bester were captured by Tanzanian police in that country after being on the run for over a month.
They were nabbed heading towards the borders of Kenya on April 7. She is facing 12 charges linked to Bester’s escape from the G4S-run Mangaung Correctional Facility in Free State.
Bester launched the most daring prison break every Bu faking his own death and literally walked out of prison.
South African immigration attorney Gary Eisenberg said that Magudumana was found at the instance of South African authorities in Tanzania; they alerted their Tanzanian counterparts to the whereabouts of her and Bester.
Magudumana stands accused of abetting a fugitive and her bail bid could hit a snag because of that.
“In my view, without reading her founding paper, it appears to me that the deportation was unlawful and that how she got to South Africa is really now the subject of a great deal of debate,” said Eisenberg.
Bester is currently locked up at Kgosi Mampuru II prison in the outskirts of Pretoria.
He said disguised extradition, or through the back door, as some courts call it, is condemned by judicial officers throughout the world, including South Africa.
Could Magudumana successfully launch her bail bid? It is all yet to be seen.
However, legal analyst Mpumelelo Zikalala, speaking in an interview with one of the broadcasters, said Magudumana’s chances of a successful application challenging her arrest in Tanzania were nil to none.