Johannesburg - The Home Affairs Department is challenging Dr Nandipha Magudumane’s urgent court application regarding her arrest in Arusha, Tanzania.
Minister Aaron Motsoaledi, in a media briefing yesterday, insisted that Magudumana was lawfully deported from Tanzania in April.
Magudumana, the girlfriend of convicted killer and rapist Thabo Bester, filed an urgent court application to the Free State High Court on Friday in a bid to declare her arrest in Tanzania and subsequent deportation to South Africa for detention unlawful.
She also alleged that her arrest was as good as “abduction”.
Her matter will be heard in court this Thursday.
Magudumana and Bester were nabbed in Tanzania on April 7 and subsequently deported to the country, a trip that cost the state a whopping R1.4 million.
According to authorities, the pair used fake passports.
According to investigations, Bester was aided in his escape from the Mangaung Correctional Facility in Free State in 2022 by Magudumana, her father Zolile Sekeleni, and five G4S security officials.
“I need to explain this. You are aware that in Tanzania, three passports were found on Magudumana; two of the passports belonged to Dr Mmereka Patience Martha Ntshani, and one belonged to her. It is a valid passport; this is the passport we are revoking in terms of the law because she no longer deserves to have it,” said Motsoaledi.
Ntshani is well known as a celebrity doctor who goes by the name of Dr Phashy.
The medical doctor wrote a cease and desist letter to Motsoaledi; she wanted him to apologise for the statement he made about her connection to Bester’s escape.
Motsoaledi apologised to Ntshani.
“I therefore retract the statements and subsequent words to that effect. I would like to extend my sincere apology to her in this regard,” he said.
Motsoaledi said the director-general only managed to access the court papers on Sunday afternoon.
“The DG was shocked to discover that the DHA and I were not cited as respondents in that matter. This is despite the fact that on May 15, 2023, there was an exchange of correspondence between the director-general and Motloung INC, attorneys of record for Magudumana,” said Motsoaledi.
He added: “The DG immediately addressed a letter dated May 21, 2023, to her attorneys, raising objections to the non-joinder of the DHA and me and demanding that the ill-advised application be removed from the urgent roll. The letter corrected the wrong stance adopted that Magudumana was unlawfully ‘abducted’ or ‘extradited’ from Tanzania. Magudumana and Bester were declared prohibited immigrants in terms of the immigration laws of Tanzania and were therefore, as a matter of law, liable to be deported back to their country of origin.”
Motsoaledi said he was outlining all these steps because the matters in question were of immense public interest and the DHA had a constitutional duty to adhere to the principles of accountability and transparency.
Motsoaledi also revealed that his department planned to revoke Magudumana’s passport.
“The DHA has obtained legal advice that there are strong legal grounds to revoke the passport of Magudumana and that firm action must be taken to that effect.
“The director-general will be taking due legal process steps in terms of the South African Passports and Travel Documents Act (read with the relevant regulations) to revoke the passport issued to Magudumana on February 16, 2017, due to expire on February 15, 2027,” said Motsoaledi.
He said Bester was issued an ID card.
“As you are aware, the services of the DHA were enlisted by the law-enforcement agencies to establish the identity of Bester. In pursuance of the mandate, officials of the DHA were part of the multidisciplinary team that visited Tanzania in April to facilitate the lawful deportation of Bester and Magudumana back to South Africa. Similarly, the DHA conducted an extensive investigation that included interviewing the biological mother of Bester, namely Meisie Maria Mabaso (born Bester),” said Motsoaledi.
He revealed that the investigation also involved reviewing the birth records of Bester at Chris Hani Baragwanath Hospital and data stored in the DHA systems.
“The outcome of the investigation revealed that despite Bester having attained the age of 16, he had not applied for an identity card as required in terms of the law,” he said.
Motsoaledi added that the DG took immediate steps in terms of Section 17(2) of the Identification Act.
“The DG addressed a letter dated May 15, 2023, to Bester, advising him that he has assigned relevant officials to assist him in his application for an identity card. Bester co-operated with the officials, who also required his mother to sign the necessary application forms.
“Bester was issued with the identity card on May 17. His name has now been entered into the National Population Register, thus ending many years of his status as an unidentifiable person,” he said.
Motsoaledi revealed Bester’s ID to the media.
“I have obtained the permission of Bester to show you a copy of his identity card. However, it will not be distributed,” Motsoaledi said.
Criminal law expert Ian Allis said he did not believe that Magudumana’s challenge had merit.
The Star