Saps and NPA deny Magudumana's claims of unlawful arrest, arguing her application is abuse of court process | The Citizen

He said that Magudumana had not made a case for the urgency of her application, and that she had not complied with the court rules in terms of filing an urgent court application.Snellenburg asserted that she had sufficient time to contest her arrest after being deported to South Africa on 13 April and before she was charged with allegedly assisting an inmate to escape from prison.

“It may not inconvenience the respondents more than necessary… None of the established practices pertaining to urgent applications have been complied with by the applicant,” he argued.According to Snellenburg, if Magudumana had taken the initiative to approach the high court shortly after her arrival in South Africa, the respondents would have acknowledged the urgency of her application.

“And still after seeing her attorney on 3 May, on her version, she still waits 60 days and then issues an application without even attempting to incorporate in the notice of motion reasonable timeframes so that deviation from the prescribed rules is commensurate with the degree of urgency. This is an abuse of process.”Advocate Snellenburg also argued that there was nothing untoward about a South African delegation, which included Saps and Department of Home Affairs officials, going to Tanzania.

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