Dr Nandipha Magudumana-Image Source@thesouthafricanDr Nandipha Magudumana-Image Source@thesouthafrican

Mzansi Reacts As Dr. Nandipha Files Notice To Appeal Court Ruling

Dr. Nandipha Maguduma has remained determined and has filed an appeal with the Supreme Court of Appeal after her court bid was dismissed.

On Monday, the Bloemfontein High Court rejected her application to declare her deportation from Tanzania as unlawful.

According to TimesLIVE, Maguduma’s lawyer has submitted a notice of application for leave to appeal, asserting that there are compelling grounds for the High Court to consider her request.

Dr. Nandipha alleges that she was forcibly taken by South African authorities during her arrest in Arusha, Tanzania, while she and her partner Thabo Bester were en route to the Kenyan border. According to her claims, the arrest amounted to an abduction.

Judge Phillip Loubser made a ruling stating that Dr. Nandipha Maguduma had given her consent to be brought back to South Africa, despite the deportation being disguised as an extradition.

“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.  

And as a matter of principle, it may not, said the appeal notice.

The appeal notice pointed out that the cases upon which Judge Phillip Loubser relied to reach his judgment were decided prior to the adoption of the final constitution. It suggests that these cases may not be applicable or binding in the current legal context.

They “make no mention of the rights and values of the constitution. The overwhelming majority of academic commentary on both cases recognise that they are incorrect and inconsistent with the constitution and international law.” 

SA citizens believe Magudumana is wasting time trying to appeal

It appears, South Africans are of the view that Dr. Nandipha should just go ahead with her bail application rather than continue fighting for freedom regarding the nature of the allegations leveled against her. Below are some of the comments on Twitter.

Gloria Makoti WA Bachadiba said:

“The sooner she accepts that she has thrown herself into a lion’s den is better. She was supposed to use her common sense before she take this stupid decision.”

Ke Nna Keneiloe wrote:

“This one makes law interesting.”

MJ Qhali Fusi posted:

“Stop wasting your energy lady, just relax and wait for judgement day.”

By jd

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