Johannesburg - Dr Nandipha Magudumana has filed an application for leave to appeal the decision of the Bloemfontein High Court this week to dismiss her application to declare her repatriation from Tanzania unlawful.
Magudumana’s attorney filed her notice of application for leave to appeal to the Supreme Court of Appeal.
She has argued that there were “compelling reasons” for the high court to grant her leave to appeal.
This comes after Monday’s ruling by the Bloemfontein High Court in which it dismissed Magudumana’s application to declare her arrest and apprehension in Tanzania unconstitutional and unlawful.
Judge Phillip Loubser found that her arrest and return to South Africa was a disguised extradition, as she had argued, but that she had consented to it, giving the South African criminal courts jurisdiction.
“But whether consent may be given to an unconstitutional and unlawful act has not been considered by both the Supreme Court of Appeal and the Constitutional Court,” said Maguduman’s appeal notice.
She further stated in the notice that the government had not made a proper case in their affidavits that she had consented, saying only that she did not “verbally, or otherwise, offer any resistance or protest”, and that she “informed all and sundry that she wanted to return to South Africa to her children”.
The Star