Bloemfontein — The Supreme Court of Appeal granted Dr Nandipha Magudumana a lifeline by allowing her leave to appeal the high court’s decision.
Magudumana filed a petition to review the dismissal of her urgent application for deportation from Tanzania. She contended that there were “compelling reasons” for the high court to grant her leave to appeal, as reported by IOL.
In June, the Bloemfontein High Court rejected Magudumana’s application to declare her arrest and detention in Tanzania as unconstitutional and unlawful.
The Supreme Court of Appeal has accepted Dr Nandipha Magudumana’s petition to review the dismissal of her urgent application to have her deportation from Tanzania set aside and will hear her case.
Judge Loubser dismissed her application and refused her leave to appeal. pic.twitter.com/l2nfIzs5BG
— Ismail Abramjee (@IsmailAbramjee) October 27, 2023
Judge Phillip Loubser found that her arrest and return to South Africa was a disguised extradition, as she had argued, but that she had consented to it, giving the South African criminal courts jurisdiction.
Magudumana’s appeal was based on whether consent may be given to an unconstitutional and unlawful act that should be considered by both the Supreme Court of Appeal and the Constitutional Court.
She further noted that the government did not make a proper case in their affidavits and she did not “verbally, or otherwise, offer any resistance or protest.”
The Supreme Court of Appeal said Magudumana’s leave to appeal was granted and the costs order of the court in dismissing the application for the leave to appeal was set aside.
It also said that, should Magudumana not proceed with the appeal, then she would be liable to pay these costs.
Compiled by Matthew Petersen