leave to appeal after finding that SA criminal courts retain criminal jurisdiction over her.
The judge said Magudumana’s counsel had argued his order was wrong because he did not declare the disguised extradition to be unconstitutional. But he said “curiously enough, there was no mention in the notice of motion of relief sought on a constitutional basis”.Loubser said the order Magudumana had sought from the court, as set out in her notice of motion, was to declare her arrest and transportation to SA unlawful.
“The question of whether a person can waive a fundamental constitutional right therefore falls away,” Loubser said, referring
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