NPA ready for Constitutional Court battle as Magudumana eyes appeal
The National Prosecuting Authority (NPA) says it is fully prepared to face Dr Nandipha Magudumana in the Constitutional Court, should she take her fight for freedom to the country’s highest court.
This comes after the Supreme Court of Appeal (SCA) on May 16, 2025, dismissed her challenge against the legality of her 2023 deportation from Tanzania.
Magudumana has maintained that her deportation from Tanzania was unlawful and disguised extradition. However, the SCA upheld the Free State High Court’s earlier ruling that her return to South Africa was lawful, finding she had consented to the process. While the majority of the SCA bench supported this view, a dissenting opinion may provide her legal team with grounds for a further appeal.
NPA spokesperson Mthunzi Mhaga welcomed the ruling and reiterated the authority’s readiness to respond to any Constitutional Court challenge. “We remain confident in the legality of the deportation and are prepared to defend our case with the full force of our prosecutorial arsenal,” he said.
Magudumana’s legal representatives are currently studying the SCA judgment to determine their next steps. A Constitutional Court appeal, if lodged, could delay the high-profile trial scheduled from July 21 to September 19, 2025. She is set to appear alongside her partner, Thabo Bester, to face charges related to his dramatic 2022 escape from the Mangaung Correctional Centre.