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Magudumana’s legal team will argue before the Supreme Court of Appeal on Thursday that she should be immediately be released from custody and the charges against her should be declared “null and void”.
Her legal team says her arrest in Tanzania in April 2023 with convicted murderer and rapist Thabo Bester and her “forced return” to South Africa was unlawful and invalid, according to Ground Up.
While the court concluded that officials had acted unlawfully, it held that Magudumana had consented to come back to South Africa, to be with her children, and that is when she was handed over to Department of Home Affairs officials by the South African High Commission, she did not resist.
Judge Phillip Loubser ruled that her constitutional rights had not been violated. He refused her application for leave to appeal. The Supreme Court Appeal has agreed to hear her case.
Her lawyers say that no one could consent to an illegality and there was no evidence that she had been informed of her rights or that she had waived those rights.
