The National Prosecuting Authority (NPA) has firmly rejected claims by Dr. Nandipha Magudumana’s defense team that her deportation from Tanzania to South Africa last year was a “disguised extradition,” asserting that the process was seamless and entirely legal. Speaking at the Supreme Court of Appeal in Bloemfontein, NPA spokesperson Mthunzi Mhaga argued that the legal procedures followed in Magudumana’s return to South Africa were in full compliance with international law.
Magudumana, who is at the center of the high-profile case involving her convicted lover, Thabo Bester, appeared in court yesterday to challenge the legality of her deportation, which she claims was an unlawful abduction by the South African authorities. Her lawyers are arguing that her forced return from Tanzania was essentially an extradition in disguise—one that was conducted without proper legal processes.
According to Mhaga, the NPA maintains that the deportation was not only legal but was a straightforward, unilateral process initiated by Tanzania. He reiterated that the South African police did not play any significant role in her return. “Deportation is a process that is initiated by the country carrying out the deportation,” Mhaga said, explaining that the South African police’s involvement was limited to escorting Magudumana back to the country upon her arrival at Lanseria Airport in April 2023.
This assertion came in direct response to Magudumana’s claim that her return was conducted under duress and amounted to an illegal extradition, which her lawyers argued was disguised as a routine deportation. Mhaga dismissed this argument, pointing out that during the proceedings, the defense could not demonstrate that South African authorities played a substantial role in the deportation. “The judges asked what role the police played, and they couldn’t demonstrate that the SAPS [South African Police Service] played any significant role. The police were merely there to escort, not to abduct,” he added.
The NPA has made it clear that they believe Magudumana’s appeal has little legal standing, stating that it will most likely be dismissed. Mhaga explained that the case presented by the defense was weak and lacking in evidence, and that the appeal was based on misunderstandings about the nature of deportation as opposed to extradition. He further stressed that the decision made by the Free State High Court earlier this year—where it was ruled that Magudumana consented to return to South Africa to see her children—was sound and should stand.
“Nothing turned out on that issue because the judges asked what role the police played, and they couldn’t demonstrate that the police played any significant role,” Mhaga reiterated. “The state maintains that even if this matter goes to the Constitutional Court in Braamfontein, it will still be dismissed.”
Magudumana’s deportation from Tanzania, following her escape with Bester in 2022, has been one of the most talked-about legal cases in South Africa. After Bester, a convicted rapist and murderer, escaped from prison, Magudumana was implicated in aiding his escape and in a series of other criminal activities related to the case. Their arrest in Tanzania, and subsequent deportation, has sparked controversy, with Magudumana maintaining that her return was done against her will.
While the NPA insists that the deportation was entirely lawful, the legal battle over the circumstances of Magudumana’s return continues. The case also brings into focus questions about the nature of deportations and extraditions in international law, particularly when the country receiving the deportee is involved in the process.
The Supreme Court of Appeal has reserved its judgment on Magudumana’s appeal, meaning the court has not yet issued its ruling on whether her legal team will be successful in overturning the previous court decisions. As it stands, the NPA remains confident that the appeal will be dismissed, and that the deportation process will be upheld as legitimate.
Magudumana’s case is still unfolding, with many legal experts keeping a close eye on its progression and potential implications for future cases involving international law, deportation, and extradition procedures.
