- Dr Nandipha Magudumana recently lost a case which attempted to challenge the lawfulness of her arrest.
- One potential defence strategy that she could use is the Svengali Defence.
- It is also unclear at this stage whether Magudumana can be turned into a state witness based on the evidence available to the National Prosecuting Authority (NPA).
In the legal battle surrounding Nandipha Magudumana’s case, parallels can be drawn with the situation involving Elizabeth Holmes. Holmes is an American biotechnological entrepreneur who was convicted on charges of fraud in connection with her blood testing company called Theranos.
Magudumana’s case also involves fraud, and like Holmes, her alleged crimes are intertwined with romantic relationships.
Magudumana’s attempt to challenge the lawfulness of her arrest was dismissed by the court. She has since decided to appeal that ruling. While that process is underway her defence will have to focus on strategic preparations for the upcoming trial.
READ | Magudumana’s application dismissed: May have been disguised extradition, but she went willingly – judge
One potential defence strategy that has been discussed is the Svengali Defence, wherein the accused seeks to portray themselves as manipulated pawn in the hands of a persuasive and influential criminal mastermind.
What is the Svengali Defence strategy?
The Svengali Defence, often referred to by American lawyers, centres around a depiction of an accused person as a victim dominated, manipulated, and controlled by another individual. If she chooses invoke this defence strategy, Magudumana will aim to convey that she was merely a pawn in the elaborate scheme devised by an influential criminal mastermind.
Psychological and emotional abuse as part of the defence
The defence’s argument may also include elements of PTSD, mental health issues, and abuse suffered at the hands of a romantic partner. By emphasising psychological and emotional abuse, the defence seeks to reinforce the notion of manipulation.
Expert witnesses may be called upon to testify that Magudumana’s mental health problems were a direct result of her partner’s influence. However, the odds of successfully using this defence strategy are slim, as it requires strong supporting evidence and a compelling narrative to convince the court.
Dr Saths Cooper a clinical psychologist at the Pan African Psychology Union in answering a question on whether Magudumana is a sociopath or psychopath, said that people’s looks or appearances are often not a good matrix to ascertain one’s ability to commit a crime,
He pointed out her involvement in risky behaviour demonstrates someone who was a willing participant in the whole scheme. Dr Saths further said that she doesn’t seem to be someone who was abused or forced into the whole criminal enterprise. He stated:
[We] often use a person’s look to determine if they are capable of committing an action or crime. We should not be fooled by Magudumana’s attractiveness, thinking she was not actively involved in crime with Bester.
Sociopathy and psychopathy have similar traits and tendencies says Dr Cooper. According to Psych Central sociopathic behaviours may be more erratic and those who suffer from it are more likely to get angry. This can cause them ‘to have disruptions to their daily lives’. Psychopathic behaviours are often ‘otherwise appear typical’ except the person might ‘use charm and charisma’ to manipulate people.
Challenges and assessment of the defence strategy
While the defence may attempt to argue that Magudumana’s actions were influenced by mental health issues, it is unlikely to be a convincing defence for the severity of her crimes. Taking three unidentified bodies from a mortuary as a cover-up to aid her boyfriend’s prison escape demonstrates a level of understanding of the unlawfulness of her actions. If such a defence is raised, it may require evaluation to determine the accused’s mental state.
South African law defines mentally-ill persons as acting abnormally due to afflictions, potentially leading to a finding of diminished criminal liability. However, introducing such a defence will be challenging, as it may require evaluation. The mental illness/insanity defence is usually deemed applicable when the accused doesn’t have mens rea or lacks criminal responsibility or inability to appreciate the wrongfulness of his or her act.
What are the odds and the role of the prosecution?
The continued participation in the commission of these crimes, including Magudumana involving her children with a known convicted criminal of rape, demonstrates her the willingness to be an active member of the criminal enterprise along with the accomplices.
There are two options left for Nandipha Magudumana: either she turns on Thabo Bester or she accepts her fate as it is and faces the prosecution until the conviction.
Given the procedural missteps and possible lack of preparedness by the government, it is uncertain whether the prosecution has gathered sufficient evidence for a conviction. While the state has the authority to turn an accused person into a state witness under Section 204 of the Criminal Procedure Act, this usually occurs when there is insufficient evidence against the accused, and the state aims to catch the more significant players.
READ | State says Magudumana wanted to return to her children, lied about being ‘abducted’ by SA cops
At this stage, it remains unclear whether Magudumana can be turned into a state witness based on the evidence available to the National Prosecuting Authority (NPA).
As Magudumana’s case unfolds, the defence strategy of invoking the Svengali Defence emerges as a potential avenue to portray her as a manipulated victim. However, the effectiveness of this strategy depends on presenting a compelling narrative supported by strong evidence.
The introduction of mental health issues and abuse suffered as part of the defence may further humanise Magudumana, but the odds of achieving a significantly lighter sentence remain slim. Ultimately, the outcome of the trial will hinge on the strength of the prosecution’s case and the evidence they present.
Nkanyiso Ngqulunga is a legal researcher and social activist
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