State denies claim Magudumana left SA under ‘threats’ from Thabo Bester

The state has poured cold water on  Nandipha Magudumana’s claim that she was defenceless and helpless and taken out of the country against her will by rapist and murderer Thabo Bester.

Instead, the state submitted a list of reasons why it did not believe she was Bester’s victim.

The state pointed out there was a likelihood that Magudumana, if released on bail, would attempt to evade her trial as there are criminal cases that have since been registered against her. 

The damning affidavit was deposed by investigating officer Lt-Col Tieho Flyman on Tuesday.

His affidavit was read into the record by prosecutor Sello Matlhoko in the Bloemfontein magistrate’s court, where the state is opposing Magudumana’s bail.

Magudumana faces charges relating to Bester's escape from prison. Other co-accused include her father Zolile Sekeleni, Bester and various Mangaung prison officials. 

In her application, Magudumana said she did not “voluntarily” leave the country with Bester but did so under pressure and threats from him.

Disputing this, Flyman said: “Throughout the investigation, I have established she was the one who drove from KwaZulu-Natal after his escape. Magudumana and Bester rented a house together. They were spotted shopping together.”

Flyman said Magudumana and Bester travelled together and stayed in Cape Town, where Magudumana wrote out a prescription for Bester, and they visited a salon together. 

“Looking at how the applicant is involved in the escape of Bester, there is no piece of evidence that she was at any stage forced or threatened in any manner,” Flyman said.

Flyman said since her arrest in April this year, Magudumana has not opened a case of kidnapping.

Flyman said Magudumana and Bester have been appearing in the same magistrate’s court on this case.

“They appear, showing there is affection to each other. They were seen holding hands and smiling to each other. See a picture of them of their last appearance on August 8,” Flyman said.

Flyman said Magudumana moved freely around KwaZulu-Natal, Gauteng and Western Cape and in the foreign countries with Bester before her arrest and had ample time to alert any of the authorities about the forced removal she alleged.

The officer said when he was charging Magudumana on April 14 2023, she provided him with an address in Hyde Park, Johannesburg.

He added Magudumana had removed her belongings from that property on March 21, after news reports emerged she had been seen in the company of Bester while they were shopping together. Flyman said the lease for that property was from January 2021 until January 2023.

“When providing me with this address on April 14, she knew she was not staying at this address as the lease had expired in January 2023 and she unceremoniously vacated the property on March 21 2023. She thus provided me with false information and deliberately misled me,” the affidavit read. 

There were no properties registered in her name at the deeds office, but she owns three vehicles, including a Porsche, which Magudumana used to fetch Bester from KwaZulu-Natal after the escape.

Flyman said the passport issued to Magudumana in 2017 — and which will expire in February 2027 — has been used 32 times for trips outside South Africa.

“It was established she did not use her passport when she fled the country,” Flyman said. 

The passport was only stamped back on arrival at Lanseria airport after her arrest.

Flyman listed six cases of fraud registered at various police stations this year ranging from R150,000 to R15m against Magudumana. 

Flyman said Magudumana left the country illegally and extradition was usually a long and protracted process. Providing an example to the court, he said in the matter of state and Shrien Dewani, whose wife was killed in Cape Town in November 2010, Dewani was only extradited from the UK in April 2014. 

Flyman said the state has an overwhelming case against Magudumana. He said there was direct evidence of an eyewitness who confirmed she claimed a body and arranged a fake funeral.

He said the objective evidence of bank statements showed Magudumana was on occasion a source who provided money for distribution to her co-accused to ensure Bester escaped from prison. Flyman said it had been established she paid R85,000.

“Bail conditions would not prevent the applicant from fleeing the country. She evaded the police for 11 months. She fled country and did not use her passport when she left South Africa.”

The state said the nature of the offences that led to Bester’s escape shocked the community.

“A convicted murderer and rapist was back in the community. There was a total disrespect towards the dignity of the two bodies they claimed.”

Flyman said the family of Katlego Bereng, whose charred remains were in Bester's cell, was hurt and still had more questions than answers. 

“These crimes jeopardised public confidence in the criminal justice system. People who were to ensure a dangerous person was locked up, ensured he was put back on the streets because of corruption.”

Magudumana’s legal team in May opted to halt her bail application shortly after it started, saying it was “due to unforeseen reasons”. Magudumana’s lawyer at the time told the court that material evidence crucial to her matter needed to be addressed before proceeding with the application.

She then approached the Free State high court in June to have her April arrest in Tanzania declared unlawful. Judge Phillip Loubser, however, found that though her removal to South Africa from Tanzania was a “disguised extradition”, which was unconstitutional, she had consented to her return. Her consent meant South Africa’s criminal courts retained jurisdiction over her.

A month later, the same court dismissed Magudumana’s application for leave to appeal its ruling.

Magudumana’s bail application comes months after nine of her fellow co-accused were granted bail by different courts. Bester and accused No.9 abandoned their bail bids.

Magudumana’s bail application continues on Wednesday. 

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