Africa-Press – South-Africa. Dr Nandipha Magudumana’s legal team has argued she should be granted bail as she has strong family ties in the country and has no reason to evade trial.
During arguments in the Bloemfontein Magistrate’s Court on Monday, Magudumana’s lawyer, Machini Motloung, argued at length his client’s personal circumstances remained “undisputed”.
“My submissions are that the evidence in, as far as personal circumstances are concerned, is not riddled with any improbabilities, not far-fetched, succinct to the point that the applicant has strong family ties within the area where she resides, including strong family and occupational ties within the Republic of South Africa,” Motloung told the court.
Magudumana’s father, Zolile Cornelius Sekeleni, was also in the court gallery on Monday to support his daughter.
Motloung argued it was “common cause” that Magudumana’s travelling documents had been confiscated.
“The applicant has been travelling in and outside of the Republic of South Africa and coming back with no issues whatsoever,” he said.
Magudumana skipped the country with lover Thabo Bester in April after his real identity as the Facebook Rapist was revealed. They were caught in Tanzania.
During proceedings last week, the State argued Magudumana and Bester fled the country in March 2023 and evaded the police for 11 months.
Motloung said the State showed “desperation” when it said Magudumana had evaded justice for 11 months.
“It is a stand-alone allegation, unsubstantiated. I submit that it should be rejected by this court.
He added:
Motloung argued his client had already spent a long time in prison while the State’s investigations were still pending.
“The applicant did not play any roles in the delays in the case.”
Motloung also disputed the State’s allegation that Magadumana had not contacted her children since her incarceration.
“The State’s argument is not backed up with any evidence. Where did they get that information from?”
He said Magudumana could only afford bail of R10 000 as she had not been generating an income since being in custody.
“That is an amount that would be fair under the circumstances. We submit that the honourable court should consider the applicant’s personal circumstances as alluded to in her affidavit.”
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