Legal Experts Weigh In on Dr Nandipha’s “Abduction” Claims, Immigration Lawyer Says She Might Win Her Case

Legal Experts Weigh In on Dr Nandipha’s “Abduction” Claims, Immigration Lawyer Says She Might Win Her Case

  • Legal experts have shared their opinions on Dr Nandipha Magudumana's court bid to declare her arrest unlawful
  • Experts say Magudumana might win her case if she can prove that the South African police arrested her in Tanzania
  • South Africans are unenthused with Magudumana's poly to get out of jail and say she should be arrested again if she is set free on technicalities

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JOHANNESBURG - A border control expert and immigration lawyer have weighed in on Dr Nandipha Magudumana's claim that her arrest in Tanzania and subsequent deportation to South Africa were unlawful.

Dr Nandipha Magudumana requested to remove mask to ensure presence of the correct person during appearance at Bloemfontein Magistrate's Court
Legal Experts Weigh In on Dr Nandipha’s “Abduction” Claims, Immigration Lawyer Says She Might Win Her Case
Source: Getty Images

Magudumana was arrested alongside her boyfriend, Thabo Bester, while on the run from South African authorities after escaping from Mangaung Correctional Centre in Bloemfontein.

According to EWN, the disgraced celebrity doctor will appear at the Bloemfontein High Court on Thursday, 25 May, to argue for her release.

Read also

Home Affairs dismisses Dr Nandipha Magudumana’s “abduction” claims, says deportation from Tanzania was lawful

Border control expert says Dr Nandipha Magudumana might have a winnable case

Botsang Moila, a consular and border control expert, stated during an interview on eNCA the celeb doctor might not win her case if Dr Aaron Motsoaledi is right about the facts surrounding her deportation.

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Motsoaledi stated that the South African police were not responsible for Magudumana's deportation. He said Home Affairs officials were sent to Tanzania to retrieve the doctor and Bester.

Moila said Magudumana and her lawyers needed to prove that the police handled her deportation, not the Department of Home Affairs.

Moila stated that in situations such as deportations, the lead government agency that oversees the process is Home Affairs and not the police.

"The South African Police Service has no jurisdiction to go and bring someone who is being deported," sai Moila.

Read also

Thabo Bester: Magudumana wants court to order her immediate release from prison, SA in disbelief

Lawyer says Dr Nandipha Magudumana might have a winnable "abduction" case

However, an immigration lawyer, Gary Eisenberg, told eNCA that Magudumana might have a winnable case if the facts in her court application are true.

Eisenberg says Magudumana is essentially saying that she was arrested by the South African police in Tanzania and put on a plane back to South Africa. He added that if that is the case, she was abducted, and her arrest was unlawful.

South Africans react to Dr Nandipha Magudumana's chance of winning court bid

@ThePatr42976848 said:

"Just dry her up and leave her when the money is finished, the lawyers will always say you have a winnable case if you have the money to give to them. Magudumane will never see the sun she touched the wrong blood Bereng is a powerful surname."

@KumkaniDyantyi said:

Read also

5 accused in Thabo Bester’s prison break remanded into custody after bailing hearing postponed again

"The lawyer is correct, but the state must hire Dali Mpofu so he can delay the case forever so she can remain in jail for now."

@sibsvin said:

"She will win based on technicalities and nothing else, let's release her and arrest her again at the gate of the prison. Technicalities are boring, everyone knows she's as guilty as Bester."

@truly_vikki said:

"I thought she was a fugitive. How can she say she was abducted? Akere they were looking for her?"

@MrsBK2019 said:

"In SA, the criminal with the deepest pockets always has a winnable case. The law is a fraud and most lawyers r nt worth their salt there are very few and far in-between good lawyers and judges with honest intentions."

Thando Thabethe joins public outrage over Dr Nandipha Magudumana's controversial virtual court appearance

Briefly News previously reported that South Africa was left in shock and disbelief as disgraced doctor Nandipha Magudumana appeared in a virtual court hearing, accompanied by unexpected smiles and giggles.

Read also

Home Affairs Minister Aaron Motsoaledi says the person arrested in Tanzania is Thabo Bester, confirmed via DNA

Thando Thabethe took to social media to express her concerns and join the masses in questioning the actions of Dr Magudumana during this highly publicised trial. Responding to a video of Magudumana's appearance, Thando wrote:

"What on earth is so funny? What is she smiling & laughing about?"

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Source: Briefly News

Authors:
Lebogang Mashego avatar

Lebogang Mashego (Current Affairs HOD) Lebogang Mashego runs the Current Affairs desk. She joined the Briefly News team in 2021. She has 6 years of experience in the journalism field. Her journalism career started while studying at Rhodes University, where she worked for the Oppidan Press for 3 years. She worked as a lifestyle writer and editor at W24 and Opera News. She graduated with a BA degree majoring in Journalism and Media Studies in 2017. She's a recipient of the INMA Elevate Scholarship. Email: lebogang.mashego@briefly.co.za