Johannesburg - The Bloemfontein Magistrate’s Court is hearing closing arguments from disgraced Dr Nandipha Magudumana’s legal team as well as the State in her bid to get bail.
Last week, appearing in court through her lawyers, Magudumana said she did not leave South Africa voluntarily; in fact, she accused rapist and killer boyfriend Thabo Bester of instructing and commanding her to enter a vehicle and drive to an unknown location on March 17.
She said she could afford bail of R10 000.
Her bail application relates to her alleged role in the escape of Bester from Mangaung Correctional Centre, run by G4S private security company.
The pair were arrested in Arusha, Tanzania, in April this year.
She has been kept at the Bizzah Makhate prison in Kroonstad, while Bester is incarcerated at the Kgosi Mampuru II Correctional Facility in Pretoria.
Arriving at court with shackles on her feet, Magudumana was seen sporting a fresh straight-back hairstyle, her face radiant with light make-up and red lipstick, and wearing a mauve Nike T-shirt and Nike sneakers.
Magudumana is due to turn 34 this month and it will be interesting to know whether she will celebrate inside prison cells or at home with her family.
Magudumana’s father, Zolile Sekeleni, who is currently out on R10 000 bail for this case, and her sister and brother are also in court to show support for her.
Magudumana dismissed claims that she was a flight risk after the State opposed her bid on the basis that she was facing five cases of fraud amounting to millions.
Her legal team said the applicant had not been charged, arrested, or approached by the police.
In his closing argument, Magudumana’s lawyer advocate Machini Motloung said the State has dealt itself a blow by detailing the shortcomings of their case.
Motloung emphasised that Magudumana stated in her affidavit that she has no previous convictions or pending cases.
He said the evidence provided by Magudumana remains unchanged.
He said the applicant told the court that she was forced to flee the country with accused number five (Bester).
He said Magudumana’s passport has been confiscated by the police, meaning she would not evade justice as the State alleges, hence they are opposing bail.
Motloung further said Magudumana can afford bail of R10 000, citing that the country’s bail legislation has a range of case laws.
“The fact that there are new cases registered has no bearing. She indicated she will not evade her trial,” said Motloung.
He said they managed to discharge the onus that the interest of justice permits her release on bail.
Last week, the State said Magudumana evaded justice for 11 months.
Motloung questioned in what manner or form.
“It is a stand-alone allegation that is unsubstantiated, and it should be rejected by this court," Motloung said.
He further said there is no evidence to suggest that Magudumana will interfere with investigations or intimidate witnesses.
The State will present its closing arguments.
The case is ongoing.