Johannesburg - The legal team representing humiliated Dr Nandipha Magudumana did not rule out appealing judgment denying her bail application.
The Bloemfontein Magistrate’s Court denied Magudumana bail, saying she was a flight risk.
Magudumana appeared in court yesterday, hoping to be granted bail, with her legal team telling the court that she posed no threat as the State had confiscated her passport.
She was arrested in April in Arusha, Tanzania, with her boyfriend, convicted Facebook rapist and killer Thabo Bester. The government spent R1 million to transport the pair back to the country.
Magudumana was shattered, and her body language displayed disappointment when judgment was delivered.
She has been in custody at the Bizzah Makhate Correctional Centre in Kroonstad for five months now, and last week she celebrated her 36th birthday behind bars.
She applied for bail, saying she needed to be united with her children.
Magistrate Estelle de Lange said while the defence had argued that Magudumana could not flee without her passport, the State’s evidence suggested that she was capable of crossing borders without it.
De Lange was not convinced that Magudumana would not sell her movable assets and assist Bester with another alleged escape.
“In conclusion, I find that the applicant is a definite flight risk and that no bail condition will assist under the circumstances to limit this.
“After weighing up the personal circumstances in the interest of the applicant and all their constitutional rights to freedom against the interests of justice, I find that she did not satisfy the court that it is in the interest of justice for her to be released on bail. Therefore, her application to be released on bail is refused,” said De Lange.
De Lange’s decision had a lot to do with the strength of the evidence presented by the State, which included an abandoned Mercedes-Benz that crossed the border and was rented under her name, which she and Bester used to leave South Africa.
The court last week also heard her affidavit, in which Magudumana claimed she was kidnapped by Bester on March 17. She said Bester forced her into the car to go somewhere she did not know.
The State said she did not look like she was kidnapped because, on the day she and Bester appeared in court, the pair were smiling at each other and touching each other’s hands.
De Lange said the court was not convinced that Magudumana was abducted.
Legal expert Mpumelelo Zikalala believed that Magudumana stood a good chance of successfully appealing her application dismissal.
“As proceedings are taking place, they are not looking at the merits of the matter, so your innocence or guilt has not been trialled. There is no evidence that has been led; you would even find at a later stage that even the State is going to withdraw some of the charges, which is why I am saying if she goes on appeal on this matter, the chances of her being granted bail by the High Court are going to be high,” said Zikalala.
The pair escaped from South Africa following news reports that Bester made a daring escape from the Mangaung Correctional Facility, run by the G4S security company.
Other accused in the Bester saga are former G4S prison warder Senohe Matsoara, Zanda Moyo, Magudumana’s father, Zollie Sekeleni, former Integritron Integrated Solutions camera technician Teboho Lipholo, suspended G4S employee Tieho Frans Makhotsa, former G4S guard Buti Masukela, suspended G4S employee Natassja Jansen and G4S employees Joel Makhetha, Moeketsi Ramolula and Thabang Mier, who were granted bail of R10 000.
NPA Free State spokesperson Phaladi Shuping welcomed the ruling.
“From the onset, we have been saying that it will be in the best interest of justice for her (not) to be released on bail. The court agreed with the prosecution that she is not a candidate to be released on bail,” Shuping said.
The Star