Nandipha Magudumana to appeal her extradition on Thursday

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Nandipha Magudumana to appeal her extradition on Thursday
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Magudamana will argue in the Supreme Court of Appeal this week that her constitutional rights were violated through her 'forced return' to South Africa.

Nandipha Magudumana’s legal team will argue before the Supreme Court of Appeal on Thursday that she should be immediately released from custody and the charges against her be declared “null and void”.

While that 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 when she was handed over to Department of Home Affairs officials by the South African High Commission, she offered no resistance. “But despite concluding that they had acted unlawfully, the High Court held that had consented … that she had told ‘all and sundry’ that she wanted to return to South Africa”.

An issue which will be argued before the SCA will be an application by the respondents to adduce further evidence in the appeal: the affidavit Magudumana made in her bail application. The state says the High Court’s finding of consent was supported by her own evidence in the bail application – that she had been abducted by Bester, that he had forced her into a vehicle and instructed her to leave with him to a destination unknown to her at the time.

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