Thread by @ewnreporter

#DrNandiphaMagudumana has appointed Advocate Anton #Katz to deal with her Free State High Court urgent application to declare her arrest and deportation in Tanzania unlawful. Katz is considered a leading expert in the field of international law.

#Katz is arguing that Magudumana's deportation was in fact a "disguised extradition" as there was "collusion between SA and the Tanzanian officials to hand the person over." He says it was clearly an extradition and not a deportation according to international law.

#Katz is basing his argument on a ruling made by the Constitutional Court in a 2001 judgment of #Mohamed and Another v President of the Republic of South Africa and Others - Mohamed was a Tanzanian citizen wanted in the US and was handed over to the #FBI by the SA government.

The #ConCourt judgment is clear in that: "Deportation is usually a unilateral act while extradition is consensual."

#Katz is arguing there was consensual agreement between SA and Tanzanian authorities for the handing over of #Magudumana and #ThaboBester

#Katz says the fact that Home Affairs' Chief Inspectorate of Immigration Services, Modri Matthews, flew to Tanzania to interview Magudumana and Bester - was unlawful in itself. He says Matthews has no right to conduct South African business on Tanzanian soil.

#Katz says the states argument that an agreement to deport #Magudumana and #Bester was reached between SA and Tanzanian officials is unlawful based on an international law and Constitutional law basis.

#Katz argues that there was no "consent" given by #Magudumana to be deported back to SA from Tanzania while in the custody of state officials. He says under international law Magudumana should have been made aware of her rights asked for consent to be deported.

The 2001 #ConCourt judgement reads: "In principle there is a clear distinction between extradition and deportation."

"Extradition involves: acts of sovereignty on the part of two states; a request by one state to another state for the delivery to it of an alleged criminal; & the delivery of the person requested for the purposes of trial or sentence in the territory of the requesting state."

"Deportation is a unilateral act of the deporting state in order to get rid of an undesired alien. The purpose of deportation is achieved when such alien leaves the deporting state’s territory; the destination of the deportee is irrelevant to the purpose of deportation."

#Katz claims officials from police and home affairs flouted protocols in bringing #Magudumana back to SA from Tanzania.

In referencing the law #Katz says one of two things should now happen:
1. The conduct (of state officials) should be declared invalid.
2. The court should make any order that is just.
3. Maguduman's arrest, deportation and detention should be declared unlawful.

Adv Neil #Snellenburg, acting on behalf of #SAPS and the #NPA says there was nothing unlawful about sending a SA delegation to Tanzania.

#Snellenburg says it is in the interest of the victims and the public to see justice done - he says this should outweigh anything else. He says they refute Magudumana's allegations around her deportation which were not even raised in her initial application.

#Snellenburg says there is no proof that there was a request made by the South African government to the Tanzanian government for the deportation of #Magudumana and #Bester

Advocate Petrus Joubert Zietsman, representing Home Affairs, says the decision to deport #Magudumana back to SA was taken by Tanzanian authorities. He says Magudumana and #Bester were taken from #Arusha to the airport where the handover to SA officials was done.

#Zietsman says if Magudumana's argument is that South African officials colluded to deport her back to the country then her argument must extend to collusion between Tanzania and South Africa as the Tanzanian government initiated the process of her deportation.

#Zietsman has referred to a document contained in Home Affairs' answering affidavit - an order issued by the Tanzanian ministry of home affairs for the deportation of #Magudumana and #Bester on 12 April 2023. He says this proves that Tanzania initiated the deportation process.

#Zietsman says Magudumana's application to declare her arrest and deportation unlawful should be dismissed.