‘We are going in circles’ – Thabo Bester case postponed due to legal issues

Thabo Bester

Cape Town — Convicted rapist and murderer, Thabo Bester, along with his eight co-accused, made an appearance in the Free State High Court on Wednesday morning in a pre-trial hearing.

Bester, who has made headlines since he escaped from the Mangaung Correction Centre in May 2022, has been in court several times after he and his accomplice, Nandipha Magudumana, were arrested last year.

Bester has struggled with legal representation as advocates did not want to be associated with him, and he voiced his grievances during the last court appearance.

On Wednesday, Bester was represented by a new legal counsel, Advocate Lerato Moela, after his previous lawyer had withdrawn from the case. Moela requested to consult Bester at the court after Bester had alleged that he was not allowed to have any consultation with his legal representatives without any Department of Correctional Services employees present, The Citizen reported.

Moela’s request was to have access to his client until the close of business on Wednesday.

Judge Cagney Musi, Judge President of the Free State, listed the practical implications as he needs to be transported back to the Kgosi Mampuru prison in Pretoria.

Moela addressed the court over the concerns regarding Bester and said the Emergency Support Team (EST) have made things difficult for Bester during consultations, but Musi said the process was going around in circles.

“Earlier this morning when you were in my chambers, you asked me for time to consult with your client, which you did. I don’t understand your argument regarding the difficulties of consulting with him. You did so this morning right here in the courtroom,” Musi said.

Bester’s co-accused include Dr Nandipha Magudumana, her father, Zolile Cornelius Sekeleni, his driver Xanda Moyo, camera technicians Teboho Lipholo and James Lipholo, G4S employees Motanyane Masukela, Tieho Frans Makhotsa and Senohe Matsoara.

According to TimesLIVE, the two main issues dominated the last sitting, namely Bester’s access to his legal representation and the delay in payments to Senohe Matsoara and Tieho Frans Makhotsa’s lawyer Kagisho Moruri.

The same issues cropped up again during Wednesday’s proceedings, with Moruri’s confirmation of his withdrawal from the matter due to a lack of funds. Judge Joseph Mhlambi told Bester at the time to bring a formal application before the court regarding the issues.

Bester’s new legal representation, advocate Lerato Moela, addressed the court on bringing the application Mhlambi had previously raised.

“What happened in chambers is engagement as to whether the court will hear the application or it should go to whatever court specialises in that. It has nothing to do with anything else but his right to a fair trial,” he said.

While Moela spent time speaking about issues around the application, it turned out the state had not been served papers but had only received “unsigned affidavits” electronically.

The National Prosecuting Authority (NPA) confirmed that the papers were meant to be served today and that there were certain rules for that. This application could not be heard today. Mahlambi confirmed no application had been brought before him and urged Moela to get his ducks in a row before the matter is ventilated in court.

The matter was postponed to July 31 to allow Matsoara and Makhotsa to apply for legal aid and allow Moela to make “sure everything that has to be done is done” in terms of his application.

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Compiled by Matthew Petersen

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