Dr Nandipha Magudumana will today learn whether her legal challenge against her return to South Africa from Tanzania has succeeded. The Supreme Court of Appeal (SCA) is expected to deliver its ruling on Friday, a decision that could determine whether she continues to face prosecution alongside convicted rapist and murderer Thabo Bester.
Nandipha Magudumana extradition ruling: Here’s what to expect
Magudumana’s lawyers argue that she was brought back to South Africa through an unlawful process they describe as a “disguised extradition.”
In simple terms, this means they believe the legal rules for returning someone from one country to another were not followed. Instead, they say she was abducted under the pretense of deportation.
Her legal team insists that a person cannot agree to something that is illegal in the first place.
The Free State High Court earlier rejected this view, ruling that Magudumana had agreed to return, partly because she wanted to be reunited with her children. But her lawyers took the matter further, hoping the SCA will now overturn that ruling.
Advocate Machini Motloung, who represents Magudumana, explained:
“We maintain that no one can consent to an unlawful act.”
If the SCA agrees with Magudumana, the charges against her could be dismissed. If the court disagrees, her trial will go ahead as planned.
Backstory on Nandipha’s role in the Thabo Bester saga
Magudumana is accused of helping her boyfriend, Thabo Bester, escape from Mangaung Correctional Centre in 2022. At the time, it appeared that Bester had died in a fire inside his prison cell. But authorities later discovered that the burnt body was not Bester’s—it belonged to a man named Katlego Bereng Mpholo.
The discovery was made through fingerprint and DNA testing. Police linked Magudumana to the crime when her fingerprint was found on the form used to claim Mpholo’s body from a hospital in Bloemfontein.
Although she tried to erase her fingerprints, one print remained readable. This gave investigators the evidence they needed.
The body of Mpholo, a father of two, had been reported missing earlier in 2022. His family was devastated when they learned that his remains had been used as part of Bester’s escape plan.
Thapelo Baranye, Mpholo’s nephew, described the trauma the family faced when identifying the badly burned body.
“No amount of pre-counselling could have prepared us,” he said.
When is the Thabo Bester trial starting?
The main trial involving Thabo Bester, Nandipha Magudumana, and seven other accused is set to begin on 21 July 2025 at the Free State High Court.
The state has indicated that it is ready to proceed, but it is waiting for the outcome of Magudumana’s appeal, as the court’s decision could change how or even if she is prosecuted.
Today’s ruling will play a crucial role in determining the next steps for one of the most closely watched legal cases in South Africa.
