Loubser announced the judgement on Monday morning at the Bloemfontein High Court citing that the dismissal comes with costs.

Magudumana is facing 12 charges linked to Thabo Bester’s escape from the G4S-run Mangaung Correctional Facility in the Free State.

Though Loubser said it was evident the process used to bring Magudumana back to the country was extradition without due process and not deportation, she was well aware of the charges she was to face when she arrived back in South Africa from Tanzania. 

Loubser furthermore stated that Magudumana did not met criteria for launching the application on an urgent basis, according to the judge, she also failed give reasons why she waited for some time to launch the litigation.

"In the present case I have no hesitation in finding that the applicant was well aware at the time of her handing over of the charges that could be levelled against her upon her arrival in South Africa, she nevertheless consented to her removal from Tanzania to South Africa because she wanted to be with her children,” Loubser added.