By Lehlohonolo Lehana.
The trial of convicted killer and rapist Thabo Bester and his eight co-accused is scheduled to begin in 2025 at the Free State High Court in Bloemfontein.
Bester appeared in court for a pre-trial hearing alongside his accomplice, Nandipha Magudumana; her father, Zolile Sekeleni; their gardener, Zanda Moyo; and former G4S prison staff members Frans Makhotsa, Senohe Matsoara, Buti Masukela, Teboho Lipholo, and Joel Maketha.
The suspects face multiple charges, including fraud, corruption, violation of a corpse, defeating the ends of justice, arson, and assisting a prisoner to escape.
These charges relate to Bester’s escape from prison in 2022.
State prosecutor, Advocate Amanda Bester informed Judge Cagney Mmusi that an agreement had been reached with the defence regarding the trial date.
The proposed trial is scheduled to begin in February 2025 and continue until the end of the judiciary’s term.
The prosecutor indicated that the trial would resume in the third term due to the unavailability of one of the defence lawyers throughout the second term.
According to a 2019 directive signed by former Chief Justice Mogoeng Mogoeng, the first term of the superior court in 2025 will last 10 weeks, from 20 January to 30 March, with a two-week recess before the next term.
The second term will also span 10 weeks, from 14 April to 22 June, followed by a four-week recess.
The third term will commence on 21 July and conclude on 21 September.
Magudumana’s lawyer, Advocate Machini Motloung informed Mmusi that his client’s case challenging her arrest and indictment could be heard by the Supreme Court of Appeal (SCA) “at any time” before the end of 2024.
Motloung warned that the outcome of the case might have a bearing on the trial.
“It is our belief that the SCA would not have accepted this particular matter to be heard in the SCA if there was no case to be heard, but I still stand and fall by my earlier submissions that I have done everything in preparation for this matter.
The prosecutor, however, insisted that the trial date goes ahead regardless.
“I don’t think we must jump the gun about the judgment there. We must still proceed with the trial date.
“If something happens in the meantime, I think we can sort it out and make a decision in that regard because if we don’t set the trial date now, we are going to go for another year, “Advocate Amanda Bester said.
She confirmed that the state was instructed by the SCA to file their replying affidavit by 5 August.
Mmusi postponed the case to 10 February next year and directed that Bester, Magudumana and Moyo would be remanded in custody until the trial.
Meanwhile Bester filed a legal challenge against his alleged inhumane detention conditions at Kgosi Mampuru Correctional Centre.
Bester is being held at the facility following his re-arrest in April last year. He claims the detention conditions are unconstitutional.
In a statement, Bester said he had been subjected to severe violations of his constitutional rights, particularly Section 35 of the Constitution, which talks about the right to a fair trial.
According to his lawyers, Bester is placed in solitary confinement for 23 hours per day in a room with a small window.
“Saying the isolation may have a detrimental impact on his mental health and well-being, which can lead to severe psychological effects, including anxiety, depression, hallucinations, and suicidal thoughts,” they said in the statement.
Bester’s lawyers also claim their client is unable to prepare a defence due to the restrictions on legal consultation and lack of privacy at the C-Max prison.
“It is no secret that the ability of the accused to prepare a defence has been gravely impeded by the conditions at C-Max.
“The restrictions on legal consultation, lack of privacy, and inadequate protection of privileged information directly undermine his constitutional right to a fair trial.
“Section 35(3) of the South African Constitution guarantees every accused person the right to be presumed innocent, to remain silent, to adduce and challenge evidence, and to be provided with adequate facilities to prepare a defence.
Judge Mmusi told Bester lawyers: “The application, as I informed you, is not ripe for hearing as things are, because you’ve indicated you’d like to consult with your client and thereafter file a replying affidavit.”
He indicated the respondents, who all had the same legal counsel, were prepared to “take a pragmatic approach and have the matter argued as soon as it is ripe” despite the flaws contained in Bester’s application.
Mmusi also shut down Bester’s attempts to address the court, raising his hand and telling him: “No, you may not speak, you have a legal representative.”