The outcome of Nandipha Magudumana’s bail application hinges on her vigorous defence, which asserts that the State’s case is “poor and unsubstantiated.”
Nandipha Magudumana defence accused State of ’embellishing charges’
During court proceedings on Wednesday, 30 August 2023, Advocate Frans Dlamini, representing Magudumana, expressed strong reservations about the State’s approach to the case.
He contended that the State had embellished charges in an attempt to make it difficult for Magudumana to secure bail. Dlamini questioned the State’s decision to bring forth allegations without substantial evidence.
Dlamini firmly denied the State’s claims that they possessed an overwhelming case against Magudumana. He challenged the assertion that Magudumana was evading arrest for 11 months, as her warrant was only issued in April 2023.
Furthermore, Dlamini disputed the portrayal of Magudumana as a flight risk and denied the existence of two passports, emphasising the need for concrete evidence to support these claims. He also refuted allegations that Magudumana had abandoned her children since her incarceration.
On Tuesday, 29 August 2023, the State argued that Magudumana had everything to lose by remaining in the country, given the potential for long-term imprisonment and civil claims.
The prosecution portrayed her as a married woman who deserted her two children to abscond with Thabo Bester, a convicted murderer and rapist. The State also emphasised the seriousness of the charges and the need to uphold public confidence in the justice system.
The court will be obliged to consider all factors of Magudumana’s case in determining whether her bail would be in the interest of justice.
Nandipha Magudumana’s bail application resumes on Monday.
