Nandipha Magudumana could walk free: immigration lawyer
An immigration lawyer says the Bloemfontein High Court will have to examine whether all deportation processes were properly followed in a case brought by Dr Nandipha Magudumana.
Her application to have her arrest in Tanzania and deportation to South Africa declared unlawful is set to be heard on Thursday.
"I think it is going to be a very interesting matter that raises all kinds of interesting legal issues that could ultimately be decided by the constitutional court," says Gary Eisenberg.
Magudumana claims she was abducted by the police.
READ: Thabo Bester escape: 4 of 5 former G4S employees denied bail
She and her boyfriend, Thabo Bester, a murder and rape convict who escaped from prison last year were brought back into the country in April.
The celebrity doctor faces various charges relating to her alleged role in Bester's escape.
"The allegations against her are so serious that the judge will be called upon to discharge her or to order that the lower court has no jurisdiction. This means that she can't be tried on any of those charges and that means she goes free.
"It means that she can't be tried on any of those charges because her physical appearance before court is unlawful if that is what the judge should decide and she will walk free as a consequence of that."
