Judgment day for Dr Nandipha Magudumana seeking to declare her arrest unlawful

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Judgment day for Dr Nandipha Magudumana seeking to declare her arrest unlawful: The high court in Bloemfontein is expected to hand down judgment on Monday morning in the urgent court application brought by Dr Nandipha Magudumana which seeks to have her…

court that her deportation was a disguised extradition in which there was collusion between South African authorities and Tanzania.

“The police and National Prosecuting Authority contend there was a deportation decision by Tanzania on April 12 that required the applicant [Magudumana] to leave Tanzania within three days.“The conduct of the respondents is quintessentially a disguised extradition. There was no unilateral act on the part of Tanzania because there was an agreement to deport to South Africa,” Katz said.

“In doing so, they overlooked the correct mechanism for securing the presence of a sought person in South Africa,” he said. “The respondents acted in a procedurally irrational manner by securing an agreement to deport the applicant rather than after the extradition process.”Advocate Neil Snellenburg, representing the police and the NPA, told the court Magudumana’s matter is not urgent and asked that it dismiss her application.

“The applicant has had from April 14 to issue this application. There is no explanation for the delay and what occurred after her attorney was appointed on May 3.Snellenberg said Magudumana had ample time to bring the application and hasn't told the court why the matter is urgent.

 

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