By Lehlohonolo Lehana.
The case against convicted murderer and rapist Thabo Bester, his alleged accomplice Dr Nandipha Magudumana, alongside other co-accused, has been postponed to December 5.
This is to allow Magudumana’s Constitutional Court bid to take place before the trial can proceed.
Magudumana, is accused of helping Bester escape prison and later, escape from South Africa to Tanzania in 2023. The pair were arrested and brought back to South Africa.
Her legal team approached the Supreme Court of Appeal (SCA) after the Free State High Court ruled in June 2023 that Magudumana had voluntarily consented to her return to South Africa. Despite her claims of abduction by the police, the Supreme Court sided with the lower court’s decision.
Magudumana’s lawyer, Machini Motloung, said following the SCA judgment, a decision was taken to approach the Constitutional Court for an application for leave to appeal the majority judgement.
Motloung explained, is common cause that, in terms of the judgment, the South African authorities acted unlawfully by bringing Magudumana back to South Africa “as a disguised extradition.”
He said the court further made a conclusion of law that Magudumana had consented, as evidenced by her statement to the police at the time of her arrest, in which she expressed a desire to return home.
Motloung explained that the relief they are seeking is to have Magudumana’s further detention declared unlawful and set aside.
Meanwhile Bester’s lawyer, Lerato Moela, withdrew from the case, with Advocate MoAfrica Wa Maila taking over the matter.
Judge Sulet Potterill explained to Bester that by not appointing legal counsel, the court will eventually refrain from postponing the trial.
“I have your constitutional interest at heart. And I’m just explaining the reality to you. What I am bringing to your attention and what I want you to absorb and realise is that there will come a time when we must proceed. So you must make sure who your counsel is, that they are properly instructed and that we can proceed.”
Potterill postponed the matter to allow Magudumana’s Constitutional Court bid to be heard before the trial proceeds.
Bester, Magudumana, and the other co-accused face a total of 38 charges, which include serious allegations of fraud, corruption, money laundering, assisting an inmate to escape, violation of a corpse, arson, and defeating the ends of justice.