By Lehlohonolo Lehana.
Convicted killer and rapist, Thabo Bester refused to eat breakfast ahead of his appearance at the Free State High Court on Wednesday because the meal was not conducive for a patient on chronic medication.
Bester appeared alongside his nine co-accused (Nandipha Magudumana, her father Zolile Sekeleni, Frans Makhotsa, Zanda Moyo, Senohe Matsoara, Buti Masukela, Teboho Lipholo and Joel Maketha) implicated in his escape from the Mangaung Correctional Centre on May 3, 2022.
Katlego Bereng’s body was used as a decoy after it was snuck into the privately-run facility, and then later set alight in Bester’s cell.
However, the National Prosecuting Authority dropped the murder charge early in the case.
In October last year, the state withdrew charges against for G4S employees Nastassja Jansen, Thabang Mier and Moeketsi Mooketsi Ramolula.
On the same day, Magudumana failed to appear before the Bloemfontein Magistrates Court after she collapsed while waiting in the holding cells at the Park Road Police Station.
At the time, Magistrate Estelle de Lange warned the six accused who are out on bail to present themselves in relevant court.
“The date will be 21 February 2024. Accused number four [Nandipha Magudumana], five [Thabo Bester], and nine [Zanda Moyo] are in custody. Accused number one, two, three, six, seven, and eleven are on bail. The accused that are on bail are warned to be at the court…at 08:30 am.”
During court proceedings, state lawyer Adv. Amanda Bester said Bester declined his meal in the morning. Bester’s legal representative, Mohamed Seedat, argued that his client is diabetic and his health condition was not taken into consideration with the breakfast provided to him.
He added his client was also denied phone calls to his legal representatives and access to his clothing when attending court proceedings. Adv. Bester said Seedat and his client met for the first time this morning.
“We cannot interfere with the protocol of phone calls because the accused can call other people and commit further crimes. The issue of food has to be dealt with by correctional services. My lord, accused seven has a previous conviction even though he’s also appearing in this matter,” she said.
Seedat told the presiding officer his client was being targeted. He said the person serving his client was unsure whether the food came from the police or Correctional Services.
The pre-trial was postponed to 5 June 2024, following the recusal of three defence lawyers and the appointment of new legal representatives for accused 7, 8, and 9.
The bail of Senohe Matsoara, Zolile Sekeleni (Magudumana’s dad), Teboho James Lipholo, Motanyane John Masukela, Teiho Frans Makhotsa and Thabang Joel Makhetha was extended.
Bester, Magudumana and Zando Moyo remain in custody.