The Bloemfontein High Court is today expected to deliver judgment on Nandi Magudumana’s urgent application in which she wants her arrest to be set aside and be declared unlawful.
Dr Nandi Magudumana represented by advocate Anton Katz approached the court citing that the manner in which she was arrested in Tanzania and later deported to South Africa is not in line with the law.
In handing down his judgment, the judge started by saying that Magudumana has not met criteria for launching application on an urgent basis. He said she also did not give reasons why she waited for some time to launch it.
It seems, Dr Nandi was just trying her luck when she approached the court to declare her arrest unlawful. The judge, however said by now it should be obvious there is a material factual dispute between the parties about the circumstances of her arrest and how she was transported back to South Africa.
Although the judge said Dr Nandi Magudumana failed to meet the criteria for launching an urgent application, he will now hear the applicant on urgent basis.
“Despite the shortcomings of the applicant, I will hear the application on an urgent basis,” said the judge.
Dr Nandi Magudumana argues that South officials colluded with the Tanzanian officials to hurry her deportation without following normal procedure.
The judge said the applicant maintains that the plane arrived within minutes of the issuing of the notice of deportation. She says there was a collusion between the two countries.
In opposing the application made by Dr Nandi Magudumana, the home affairs legal representative had argued that the applicant is a liar. They said she never objected to being deported to South Africa along with Thabo Bester, and only mentioned that in her affidavit.