WRAP | Magudumana files application for leave to appeal high court ruling on 'deportation' | News24

Dr Nandipha Magudumana has filed an application for leave to appeal a ruling by the Bloemfontein High Court, which dismissed her urgent application to declare her"deportation" from Tanzania unlawful.

He added that she"informed all and sundry that she wanted to return to South Africa to her children". This alleged consent by Magudumana is now being addressed by Loubser.Loubser says he does not agree with the state's argument that Magudumana should challenge her"deportation" in the Tanzanian courts.

Magdumana further argues that the SA government should have applied for her extradition from Tanzania, rather than unlawfully using deportation as a mechanism to get her back into South Africa.This, she says, shows that the SA government was clearly aware of the Tanzanian government’s decision to deport long before the"prohibited immigrant" notice was issued.

"The notice required me to depart from Tanzania within three days. It would appear that within a matter of hours or minutes after the prohibited persons notice was issued, the South African chartered aeroplane had arrived in Tanzania, ready for my collection at midnight on 12 April 2023," she said.Loubser says there is a clear massive factual dispute over how Magudumana was arrested and brought back to SA.Magudumana's lawyers fundamentally dispute that she was lawfully deported.

Magudumana's claims that she intended to legally challenge her detention in Tanzania when she was brought back to South Africa – to face charges of fraud, corruption, arson, violation of a body and defeating the ends of justice – came after SA High Commission in Tanzania officials argued she could only challenge the notices that led to her disputed deportation in that country's courts.

Judge Loubser stresses that hopefully there will be an understanding that he needs to digest all the arguments made before him. He intends to deliver his ruling on Magudumana's application on Monday, 5 June.Katz stresses that Magudumana's application is governed by rule of law considerations.Katz now addresses the State's argument that Magudumana consented to her deportation. He denies that this was the case.

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