Immigration lawyer on Dr Nandipha: No jurisdiction to trial her

In a video doing the rounds online, immigration lawyer Gary Eisenberg said that he believes Dr Nandipha Magudumana who was arrested in April with her boyfriend Thabo Bester may have a strong chance for her case not go to trial due to her claims that she was unlawfully abducted in Tanzania.


 

 

 

 

Magudumana and Bester’s relationship has made headlines since they were spotted shopping at Woolworths earlier this year. Bester aka was arrested on charges of rape and murder. A car saleswoman Nomfundo Tyhulu who had sold Bester a BMW in 2011, and later also dated him and was found stabbed to death at a bed and breakfast in Cape Town, IOL reported. Bester broke out of the high-security prison Mangaung Correctional Centre (MCC) in 2022 after starting a fire in his prison cell and placing the lifeless body of 31-year-old Katlego Bereng in his place, News24 reported. According to Cape Town Etc, Dr Magudumana had stolen three unidentified bodies from mortuaries in the Free State just weeks before her boyfriend’s successful prison break. Since they were spotted shopping earlier this year, their pictures trended online. Magudumana and Bester fled the country and were captured hiding out in Tanzania carrying a few fake passports. The were brought back to South Africa to face the court.

AN UPDATE ON THE DOCTOR’S CASE
Dr Maudumana’s case is seemingly starting to go cold. In a video on eNCA, immigration lawyer Eisenberg said there are merits to Magudumana’s legal challenge. He said,

“What she says in term is very simply is that with or without the concierge of the operation between South Africa and Tanzania, authorities, she was arrested by the South African police authorities in Tanzania in early April and she was driven to the airport, put on a plane and abducted. That is her case. And she says that abduction is unlawful and that she is unlawfully before the court.

“Now, if those are the facts and its only her side of the story; I haven’t read the answering papers of the respondents; I don’t know what the minister is going to say in his joinder application-wants to join the joinder application as a respondent because he says he has a vested interest in the outcome of the proceedings. But if these are the facts then an abduction is unlawful and that’s all there is to it. And if those are the facts then the court accepts as the matrix of facts in the matter that are unconsented [then] she is unlawfully before the court and the court has no jurisdiction to trial her,” Eisenberg added.

WATCH THE VIDEO BELOW…