What does this mean for policing powers?

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The Supreme Court of Appeal was asked to decide whether Dr Nandipha Magudumana was unlawfully arrested and “abducted” by South African Police Service (SAPS) members in Tanzania, then flown back to Johannesburg.

At issue is not only the legality of her removal but also South Africa’s jurisdictional reach beyond its borders. Here’s how the courts unraveled the facts.

Unravelling the Arrest Allegations

Magudumana, a suspect in the high-profile escape of convicted murderer Thabo Bester, fled South Africa and was later located in Tanzania.

Magudumana launched an urgent application in the Free State High Court, claiming that on 6 April 2023 she was arrested on Tanzanian soil by SAPS officers, blindfolded and forced onto a Department of Home Affairs aircraft for deportation to South Africa .

Had this been true, such cross-border action would have been unlawful under both South African and international law.

High Court vs Supreme Court: Key Findings

The High Court found that although Magudumana’s deportation resembled an “extradition dressed up as a deportation,” she had consented to return to care for her children and therefore acquiesced to the process.

On appeal, however, the Supreme Court of Appeal (per Zondi DP) focused on pleadings: Magudumana failed to establish that any SAPS member arrested her in Tanzania.

Instead, the Tanzanian authorities had detained her for immigration offences, handed her to SA consular officials, and only upon arrival at Lanseria Airport was she formally arrested by SAPS . Accordingly, the appeal was dismissed.

What Does It Mean for Policing Powers?

This judgment underscores that SAPS may not unilaterally extend its powers into foreign sovereign territory.

Any allegation of cross-border arrest must be pleaded with clear factual detail. Moreover, it reaffirms that a court will decide disputed factual versions against the applicant when urgent, final relief is sought.

For South African law enforcement, the ruling is a cautionary tale: jurisdictional overreach abroad will not be condoned without explicit legal authority.