Avatar photo

Compiled by Vhahangwele Nemakonde

Digital Deputy News Editor


WATCH: Police explain why Nandipha Magudumana was not chained outside court

According to Brigadier Athlenda Mathe, police policy does not allow a person who is in custody to be handcuffed.


The South African Police Service (Saps) has explained why Dr Nandipha Magudumana was not handcuffed when entering the court building on Wednesday.

Magudumana, alongside her boyfriend – convicted rapist and murderer Thabo Bester – was brought back to South Africa from Tanzania to face charges of fraud, corruption, arson, violation of a body and defeating the ends of justice on 12 April.

ALSO READ: Dr Nandipha Magudumana’s court challenge against her arrest in Tanzania fails

In a video circulating on social media, an unchained Magudumana can be seen getting off a police van and walking into the court building accompanied by police members.

Watch: Nandipha Magudumana unchained as she arrives at court

South Africans on social media have since accused the Saps of giving Magudumana special treatment by not cuffing a suspect, whom they regard as a flight risk.

“This is Dr Nandipha Magudumana. She was seen with a police officers pretending to put her in the back of a van, but then she didn’t get in, they let her walk free. She’s not In prison but at home. In court they pretend to chain her but that’s not the case,” tweeted one social media user.

Why Magudumana was not chained

According to Brigadier Athlenda Mathe, an Saps policy does not allow a person who is in custody to be handcuffed while inside a police van.

“The risk profile of every person in custody is considered. This includes the flight risk, seriousness of the offences that a person is charged with and surrounding circumstances. She is a flight risk and the charges that she is facing are serious,” said Mathe in a statement on Wednesday evening.

ALSO READ: Court hears Magudumana’s deportation to SA was a ‘grand disguised extradition’

“Given the suspect profile, she is escorted at all times when attending court by highly trained and skilled members who only respond to medium and high risk incidents. As is seen in the video, she is being escorted closely by a TRT female member.”

Mathe said the Saps policy requires that a person in custody not be cuffed while still in the back of a patrol van to avoid injuries during transportation.

“Saps vans are equipped with a secure canopy at the back to accommodate persons in custody. The canopy is equipped with padlocks and is at all times locked with the padlock when persons of high risk profiles are being transported.

“Our vans are thoroughly searched before a person in custody is transported. The search focuses on removing unwanted objects or instruments which can cause a person to harm himself/herself or escape.”

RELATED: Home Affairs to revoke Magudumana’s passport, demands that she drops her case challenging arrest

As soon as the suspect enters court, the leg chains are put on to ensure the flight risk suspect does not escape from lawful custody, said Mathe.

In another video, Magudumana can be seen inside the court building with the said leg chains on.

Read more on these topics

Dr Nandipha Tanzania Thabo Bester

Access premium news and stories

Access to the top content, vouchers and other member only benefits