By Lehlohonolo Lehana.
The pre-trial for convicted rapist Thabo Bester, Nandipha Magudumana and seven co-accused was again unable to get underway at the Free State High Court on Wednesday.
Bester escaped from the Mangaung Correctional Centre in May 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.
It was made to look as if Bester died in the fire in his cell.
During their last court appearance, the pre-trial hearing was postponed after Bester had changed his legal team.
This follows the withdrawal of his previous lawyers from the case.
The State, which was ready to proceed, asked that the defence disclose whether they had been paid by Bester in order to establish their commitment to the case.
Since his re-capture in Tanzania in April 2023, Bester has had at least three legal representatives, and he planned to secure prominent advocates Dali Mpofu and Zandile Mshololo at some point.
However today the hearing took a dramatic turn when Bester’s legal representative, Adv. Mohammed Seedat, announced his withdrawal from the case, citing financial constraints and the impracticality of traveling between Bloemfontein and Pretoria for consultations since the travelling can become costly.
Seedat’s withdrawal compounded Bester’s ongoing grievances about the difficulties he faces in consulting with his legal team. Bester claimed his ability to communicate confidentially with his attorneys had been severely compromised.
“I feel that my confidentiality and consultation is being compromised because I cannot divulge certain information regarding the alleged escape,” Bester said. He expressed concerns that the restrictions imposed by the national commissioner have created an environment where he cannot consult freely, fearing that his conversations are being monitored and recorded.
Bester voiced these concerns to Judge President Cagney Musi, explaining his consultations have been limited to telephonic communication, which he believes is being used to extract information from him.
“The system that has been set out for me specifically is as if I have my own separate rules, consecutive from other inmates,” Bester remarked, highlighting the unique and stringent conditions he faces.
In response, Musi advised Bester to secure new legal representation and instructed him to have his new attorney file a formal application to ensure attorney-client privilege is upheld and his consultations are not compromised.
Bester has also asked the court to allow the public to sign a petition for him to be granted a death sentence and release his co-accused who he claims had nothing to do with his escape.
“This is not the way that I want to proceed, if it means that this court will accept the petition and the public can sign it so that I can be put to rest,” Bester told the court.
The case was postponed to 24 July to allow Bester time to arrange for new legal counsel and for another defense, Adv. Kagiso Mururi, to resolve payment issues with his client.
Bester, Magudumana, and Moyo remain in custody, while other co-accused, including Magudumana’s father Zolile Sekeleni, Teboho James Lipholo, Motanyane John Masukela, Teiho Frans Makhotsa, and Thabang Joel Makhetha, are out on bail.
The suspects face serious charges, including aiding and abetting the escape of a prisoner, obstruction of justice, arson, and desecration of a corpse.
Bester was sentenced in 2012 to life imprisonment. He was given 25 years in jail for the murder of his then-girlfriend, Johannesburg car saleswoman Nomfundo Tyhulu, and for armed robbery related to possessions he took from Tyhulu after killing her.