By Lehlohonolo Lehana.
The case involving Thabo Bester, Dr. Nandipha Magudumana and their co-accused has been postponed to September 19th, 2025, at the High Court in Bloemfontein.
Bester is accused of faking his death and escaping from the Mangaung Correctional Centre in May 2022, where he was serving a life sentence. He was later arrested in Tanzania alongside his accomplice, Magudumana.
Court proceedings were adjourned briefly, when one of the accused, Teboho Lipholo, experienced breathing difficulties during the hearing, prompting an adjournment so he could receive medical attention. Lipholo is a former CCTV technician at Mangaung Correctional Centre who is accused of disabling the security cameras and helping Bester exit the prison.
The remaining accused all face charges including fraud, corruption, aiding an escape, violating a corpse, and defeating the ends of justice.
As proceedings resumed, Magudumana’s father, Zolile Sekeleni, was informed that the trial may be forced to proceed without his legal representation. This follows the rejection of his application for legal aid in January 2025. According to reports, he is expected to appeal the decision.
Sunette Kruger, an official at Legal Aid’s Bloemfontein office, revealed that Sekeleni’s application had been denied in January.
Following Sekeleni’s confirmation that he would now pursue an appeal, Kruger stated she would file the application by the end of the week.
Judge Mareena Opperman slammed the delays in the matter after Sekeleni, stated that he does not have a legal representative after Legal Aid rejected his application for representation in January.
“I will have to have a definite something. You can look at this court; there are so many role players who are affected. The administration of justice is affected. So, I cannot go on a maybe. We must either start on the 21st of July or we must make alternative arrangements. The responsibility of finding a legal representative lies with you. I could have attended to other cases. I can’t work with this uncertainty,” the judge said.
Judge Opperman questioned whether the legal issues could be resolved before the trial, which is scheduled to start on 21 July and end on 19 September.
The judge pointed out that any legal representative would need to review more than 5 000 pages of evidence if the appeal succeeded.
She also cited concerns about the ongoing judge shortage in the high court.
Kruger added that the outcome of the appeal is expected to be communicated in the first week of July and thereafter, consultations must take place if successful.
Shortly afterwards, prosecutor Advocate Amanda Bester announced the withdrawal of charges against former G4S employee Motanyane John Masukela. Masukela was one of the guards on duty when Bester escaped and was accused of assisting him.
Adding another twist, Magudumana has taken her fight to the Constitutional Court, arguing her arrest and deportation from Tanzania were illegal.
Her lawyer Machini Motloung said, the appeal would affect her ability to proceed to trial.
The Supreme Court of Appeal (SCA) dismissed her leave to appeal application last month.
Bester’s lawyer, Advocate Lerato Moela, also complained about being given limited time to consult with his legal team.
His application to address his grievances was struck off the roll by the Gauteng High Court in Pretoria in September last year, due to a lack of urgency.
Judge Opperman said there is no reason why Bester cannot consult with his lawyers in the meantime so that they are ready to start the trial.
Bester himself stood up to address the court, saying that he is committed to ensuring the trial goes ahead.
“I so appreciate that commitment, Bester. It is in the interest of justice,” Judge Opperman responded.
The next hearing will be on 21 September for another case management session to ensure the trial can start on 10 November.
Beyond the courtroom, fresh details about the escape have emerged. The body in Bester’s cell was identified as Katlego Bereng, a 31-year-old man whose death remains murky—some suspect he was murdered to aid the cover-up. DNA evidence cracked the deception, proving Bester was alive and on the run.
Mangaung Prison’s reputation has taken a hit. A government investigation found lapses in staff training and oversight, with calls growing for the state to reclaim control from G4S.