Last week, Thabo Bester’s girlfriend filed urgent court papers in the High Court over her alleged “unlawful arrest”. Judge Phillip Loubser postponed the civil matter between the parties to allow for written and replying arguments, and for lawyers representing the Minister of Home Affairs, Dr Aaron Motsaoledi, to enter the fray over her arrest.

Magudumana, who is in custody in the Kroonstad prison for her alleged involvement in Bester’s escape on 3 May 2022, wanted the state to provide her with further documents about her arrest and extradition. In the court papers, Magudumana listed the Minister of Police, Bheki Cele, the state witness Captain Tieho Flyman, and Magistrate Mohlolo Khabisi as respondents, among others.

But OFM News was told on 26 May 2023 the state, including the Director of Public Prosecution and Cele, did not need to file responding affidavits to Magudumana’s application or arguments.

Adv. Mosioa Mazibuko, representing the state institutions, previously told Loubser they had intended to file their responding affidavits in this civil matter that afternoon.

The state had reportedly failed three times to file responding affidavits to Magudumana’s initial affidavit. When Loubser postponed the matter he said lawyers representing Motsoaledi were set to file their papers on Monday 29 May.

On Tuesday 30 May, Magudumana’s lawyers were to file their written responding affidavit to all three departments opposing her application. Today all parties were to file written heads of arguments to make way for main arguments to be heard on Thursday 1 June 2023.

Motsoaledi was not cited as a respondent in the court application by Magudumana’s lawyers. He recently called this “puzzling”.

He has since been joined as a respondent in Magudumana's challenge to what she says was her "abduction" by SA police in Tanzania – meaning he'll be able to submit evidence about what he insists was a lawful deportation.

Free State police allegedly issued the warrant of arrest for Magudumana on 3 April when she was already believed to have been outside the country. She was arrested along with Bester later that month.

During her boyfriend’s appearance in the Bloemfontein Magistrate’s Court in April he didn’t agree with the ID number on his extradition papers.

Bester and seven accused allegedly hatched a plan for him to escape from jail.

Thus far, eight people have been arrested for Bester’s escape, but only three G4S employees have been dismissed. Seven employees were suspended following Bester’s escape. It’s understood that 23 officials were on duty the night of the escape.

OFM News