Dr. Nandipha Magudumana’s future remains highly uncertain
following a lengthy day of intense bail application arguments between state prosecutor Advocate Sello Matlhoko and defense attorney Machini Motloung on September 4th.
Matlhoko contended that Magudumana had provided false information in her affidavit when she claimed she was kidnapped by her lover Thabo Bester, as part of an attempt to escape to Tanzania in April. He pointed out that her affidavit lacked crucial details about the alleged kidnapping, such as whether it involved the use of firearms. He also noted that she did not file a kidnapping case against the alleged abductor and was found with two passports during her arrest.
Furthermore, Matlhoko alleged that Magudumana was the mastermind behind Bester’s escape from a maximum-security prison, even though he was supposed to be in Mangaung Prison at the time she claimed he kidnapped her.
Matlhoko criticized Magudumana’s lawyer, Advocate Frans Dlamini, for making speculations and accusing him of making unauthorized changes to the affidavit. He argued that Dlamini failed to provide evidence to support these claims and did not challenge the affidavit’s admissibility.
The defense, led by Machini Motloung, repeatedly accused the state of levying unfounded allegations and embellishing charges to create difficulties for the applicant. Motloung also criticized the state for not substantiating its affidavit with evidence.
Motloung emphasized that the law required the applicant to present compelling evidence to convince the court that granting bail would be in the interest of justice. He argued that the state was not obligated to provide evidence during a bail hearing and that it was the applicant’s responsibility to cast doubt on the state’s case.
The state highlighted that Magudumana had traveled abroad 23 times, raising concerns about her credibility. Matlhoko referred to statements in her affidavit where she mentioned being separated from her two children and having a medical practice but failing to open a case. He also pointed out that she appeared to be on good terms with the person she claimed had kidnapped her during previous court appearances.
The state maintained its position that Magudumana should not be trusted and accused her of deliberately deceiving the Pretoria High Court with her affidavit, particularly regarding her claimed customary marriage to Bester, his supposed death a year ago, and other inconsistencies.
Magudumana’s father, Zolile Sekeleni, who is also implicated in the Bester case, was present in court during the arguments. The bail hearing was adjourned until Monday, September 11th, when a judgment would be made.