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EXPLAINER | Lessons from Dr Nandipha Magudumana’s assault incident

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Dr Nandipha Magudumana appearing in court.
Dr Nandipha Magudumana appearing in court.
Frikkie Kapp / Gallo Images

If South Africa had a Bonnie and Clyde, it would be them.

She and her lover had the whole country looking for them in every corner.

The Facebook rapist had gotten an accomplice, and it wasn’t just any accomplice, it was a celebrity doctor who had direct access to big names in the media industry, the kind that no one would associate with him at first glance.

When they were caught and arrested eventually in Tanzania on 8 April 2023.

Their arrest, though a spectacle, has since kept Dr Nandipha Magudumana detained at the Bizzah Makhetha correctional services facility in Kroonstad and Thabo Bester at Pretoria’s Kgosi Mampuru II facility.

The mother of two facing charges of fraud, violating a body, corruption and intentionally harbouring and concealing an escaped offender has even gone as far as claiming that she was merely a victim of kidnapping by Thabo in their trip out of South Africa while they were wanted by police.

This is after the aesthetics doctor allegedly helped her convicted lover escape from the Mangaung correctional centre in May 2022 after faking his death in a prison cell.

Read more | ‘Mommy loves you’ – Dr Nandipha releases a statement from jail, grants rights to her story

Thabo had been convicted since 2012 after he confessed to murdering Nomfundo Tyhulu and pleaded guilty to several other crimes which earned him a reduced total of 30 years imprisonment for raping and robbing two women and a life sentence for Nomfundo’s death.

He may have never gone through trial for this matter, but it seems that’s exactly where he’s headed this time around with eight other people including Dr Magudumana’s father, arrested in the matter.

However, with Dr Magudumana’s recent assault incident by another inmate that took place on 16 March, this may be delayed.

“DCS (Department of correctional services) is investigating the circumstances following what was said to be a prayer meeting in a different cell from Magudumana’s. Reports of an alleged altercation and a push against the grills can be confirmed,” the department's statement reads.

“DCS officials advised Magudumana to open a criminal case when she reported that she was allegedly assaulted, but she opted to discuss it with her lawyers first. Furthermore, DCS healthcare officials conducted an examination on her and found no visible injuries.”

Read more | Family of man found dead in Thabo Bester's cell want answers: 'He will not be a sacrificial lamb'

Although she may have not sustained visible injuries, her constitutional right to fair trial may be on the line.

Legal expert Sinawo Makhangela tells Drum that the investigation into the matter is very crucial.

“An investigation is necessary to get to the bottom of the complaint for it may affect her constitutional right to a fair trial. By doing this investigation, it will assist the court to proceed with its trial when the matter is certified trial ready.”

“She is entitled to apply for bail on new facts of her opinion and her legal team’s advice. This assault constitutes a new fact which means that she is within her rights to [re]apply for bail.”

Dr Magudumana may also apply to be transferred to a different facility.

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