Magudumana files notice to appeal high court decision

Dr Nandipha Magudumana's legal papers have outlined reasons as to why she believes the court erred in upholding her arrest in Tanzania and subsequent return to SA.Consent may not be given to unconstitutional and unlawful conduct, said Nandipha Magudumana in appeal court papers filed on Wednesday.Magudumana’s attorney filed her notice of application for leave to appeal to the Supreme Court of Appeal, saying there were “compelling reasons” for the high court to grant her leave to appeal.

Phillip Loubser found that her arrest and return to South Africa was a disguised extradition, as she had argued. But she had consented to it, giving the South African criminal court jurisdiction, said the court. “But whether consent may be given to an unconstitutional and unlawful act has not been considered by both the Supreme Court of Appeal and the Constitutional Court,” said Maguduman’s appeal notice.The appeal notice said the cases Loubser had relied on to reach his judgment, and which he said he was bound by, were decided before the final constitution was adopted.

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