In another legal blow for Nandipha Magudumana, the Supreme Court of Appeal (SCA) dismissed her bid to overturn her arrest, upholding an earlier ruling by the Free State High Court in June 2023.

Magudumana, who was deported from Tanzania in April 2023 alongside fugitive Thabo Bester, has consistently argued that her arrest was unlawful, claiming her deportation was a “disguised extradition.” However, the majority judgment ruled against her, stating: “The appeal is dismissed with costs, including the cost of two counsel where so employed.” A minority judgment dissented, upholding her appeal with costs.

The National Prosecuting Authority (NPA) welcomed the decision, calling it a victory for the state. “This vindicates our long-held view that Dr. Magudumana’s deportation was lawful and that there was no misconduct by the officials involved,” an NPA spokesperson said. The ruling clears the way for her trial, set to begin on , where she and eight co-accused—including Bester—will face , including fraud, corruption, money laundering, aiding an inmate’s escape, and defeating the ends of justice.

Magudumana’s legal team expressed disappointment but indicated they may approach the Constitutional Court. “We still believe in our case and will study the full judgment before deciding our next steps,” her lawyer said.

Magudumana was arrested in Tanzania in 2023 after fleeing South Africa with Bester, who had escaped from the G4S-run Mangaung Correctional Centre. The high-profile trial is expected to run until .