Nandipha Magudumana approaching court with dirty hands: home affairs

The department of home affairs says Dr Nandipha Magudumana is approaching the court with dirty hands as she failed to take it into her confidence.

Magudumana filed an urgent application at the high court in Bloemfontein seeking an order to have her arrest and detention declared wrongful and unlawful. She was arrested in April in Tanzania with her boyfriend Thabo Bester, a convicted rapist and murderer who had escaped from prison. 

The assertions that she is approaching the court with dirty hands are contained in the department's answering affidavit filed by the chief director of inspectorate for immigration services, Modiri Matthews, on behalf of the minister, Aaron Motsoaledi. 

In the department's papers, Matthews argues that Magudumana failed to take the court into her confidence by disclosing that she left the country illegally and also entered Tanzania illegally, including what the circumstances were that led her to travel to Tanzania, including the mode of transport.

“I have checked in the Movement Control System (MCS) of the department of home affairs and found that she did not use any port of entry and exit to travel to the United Republic of Tanzania,” read the court papers. 

Matthews also denied that Magudumana was arrested by members of the SA Police Service in Tanzania. His version is that she was arrested by the Tanzanian police and her arrest by a member of the SAPS was effected on arrival at Lanseria airport in Johannesburg. 

“I deny that the applicant was abducted. This is a calculated lie meant to mislead the court ... I deny that the applicant was blindfolded. There is absolutely no truth in this allegation,” read the papers. 

He also maintained that Magudumana was deported after due process by the Tanzanian immigration officers. 

“No member of SAPS in full uniform arrested the applicant in the manner alleged by the applicant. I, in any event, would not have allowed such conduct from any person. 

“The Tanzanian immigration officers had made it clear that the applicant and Bester would be handed over to members of [the] SAPS and/or transportation belonging to the SAPS.”

In her founding papers, Magudumana had argued that police also had no warrant for her arrest, but Matthews says there was no need for a warrant as Magudumana was not arrested by police in Tanzania. 

Matthews also asked the court to strike Magudumana's case off the roll for lack of urgency, with costs, including the cost of two counsel. 

The matter has been set down for hearing on Thursday at the high court in Bloemfontein. 

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