According to Magudumana, Tanzanian immigration law and international law, make it clear that she"would be entitled to decide for myself how I should place myself outside of the territory of Tanzania and where I should go to". That decision was unlawfully taken out of her hands by SA law enforcement and the Home Affairs department, she says.
"I had no choice at all in determining whether I should leave Tanzania; and if so, how I should leave, and where I should go. All of these decisions were made for me. I had no choice in the matter because I was forcefully placed on the South African chartered aeroplane by South African officials".
"a person whose entry into or continued presence in Tanzania is, in the opinion of the Minister or Commissioner General, undesirable and who is declared by the Minister or the Commissioner General to be a prohibited immigrant; except that every declaration of the Commissioner General under this paragraph shall be subject to confirmation by the Minister, whose decision shall be final".
It says it would not be"just and equitable" for Magudumana not to face trial. Her lawyers dispute this.Katz has essentially argued that Judge Loubser is bound by rulings that condemned unlawful arrests/rendition processes in or from other countries. He makes specific reference to the 1991 Ebrahim case, which focused on how two men identifying themselves as South African police officers seized a South African member of the military wing of the ANC in Swaziland in December 1986.
Under that law, Moroeng says. a"prohibited immigrant” is any person who, when he or she tries to enter or enters Tanzania, is defined as:
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