The Supreme Court of Appeal (SCA) has dismissed Dr Nandipha Magudumana’s request to have her extradition from Tanzania declared unlawful. The judgment, handed down on Friday, means that the legal process that brought her back to South Africa to face criminal charges will not be overturned.
Nandipha Magudumana extradition stands, SCA rules
Magudumana had argued that she was removed from Tanzania under a “disguised extradition.” This is a term used when someone is taken from one country to another without following the official and legal steps required for extradition.
Her lawyers said this made the process illegal and that she could not legally agree to something that broke international rules.
The Free State High Court had earlier ruled that Magudumana consented to return because she wanted to be reunited with her children.
However, her legal team continued to argue that any agreement to an unlawful act was invalid.
On Friday, the Supreme Court mostly agreed with the High Court.
The majority of judges dismissed her appeal and ordered that she must pay the legal costs for both her lawyers and the state’s legal team.
However, not all judges agreed. The minority opinion in the court did say the appeal should be upheld. The National Prosecuting Authority (NPA) welcomed the decision but acknowledged the split opinion.
So what happens now?
With the extradition now declared lawful by the highest court, the road is clear for Magudumana to be prosecuted in South Africa.
This decision removes a major legal obstacle in the criminal case involving her and her partner, Thabo Bester.
Magudumana is accused of helping Bester escape from Mangaung Correctional Centre in 2022. At the time, it was believed that Bester had died in a fire in his prison cell.
Later, police confirmed through DNA and fingerprint testing that the body found in the cell belonged to Katlego Bereng Mpholo, a father of two who had been reported missing.
Investigators say Magudumana claimed Mpholo’s body from a hospital using false information. Despite trying to erase her fingerprints from the paperwork, one fingerprint was recovered, linking her directly to the act.
Mpholo’s family was devastated when they learned his body had been used as part of the escape.
The main trial for Bester, Magudumana, and seven other accused is scheduled to begin on 21 July 2025 in the Free State High Court.
The state has confirmed it is ready to proceed now that the SCA has ruled against Magudumana’s appeal.
This decision marks a turning point in one of the most high-profile legal sagas in South Africa, ensuring that Magudumana will have to answer to the serious charges she faces in court.
