No lawyer, a medical scare and appeals: Thabo Bester trial continues to be stalled

It was a chaotic day at the Free State High Court in Bloemfontein as the trial of convicted rapist and murderer Thabo Bester faced yet another delay.

Bester and his former girlfriend, Nandipha Magudumana, appeared in court for a pre-trial hearing on Tuesday following several previous postponements.

Their co-accused include Magudumana’s father, Zolile Cornelius Sekeleni, and former G4S employees: Senohe Matsoara, Teboho Lipholo, Buti Masukela, Tieho Frans Makhotsa, Zanda Moyo, and Joel Makhetha.

All accused face a range of charges including fraud, corruption, money laundering, assisting an inmate to escape, violation of a body, arson, and defeating the ends of justice.

The charges relate to Bester’s May 2022 escape from the Mangaung Correctional Centre, where he faked his own death in a cell fire.

Thabo Bester trial resumes: Accused without legal representation

As proceedings resumed, Sekeleni informed the court that he had no lawyer after his application to Legal Aid South Africa was rejected.

“I was surprised to hear the reasons for my application being turned down, looking at my financial position, because I do not have funds; hence I went and approached the Legal Aid Board for assistance,” he said.

Judge Mareena Opperman expressed concern about potential delays resulting from his lack of legal representation.

Sunette Kruger, an official at Legal Aid’s Bloemfontein office, revealed that Sekeleni’s application had been denied in January.

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She told the court that he initially declined to appeal the decision, hoping that his daughter’s lawyer, Machini Motloung, would represent him.

“If we don’t have instructions to proceed with an appeal against the refusal of legal aid, I cannot force the person to proceed on that basis and therefore, no further steps or action were taken,” she said.

Following Sekeleni’s confirmation that he would now pursue an appeal, Kruger stated she would file the application by the end of the week.

She 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.

Concern over delays

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.

However, Kruger reassured the judge that the trial would proceed as planned, saying the appeal’s rejection was unlikely.

Motloung also confirmed he would represent Sekeleni “in case of a crisis” and confirmed he was on standby on behalf of Legal Aid.

Shortly afterwards, Opperman announced that charges had been withdrawn against accused number five, Motanyane John Masukela, a former G4S employee.

This follows the withdrawal of charges against Masukela’s former colleagues, Nastassja Jansen, Thabang Matthews Mier, and Moeketsi April Ramolula in October 2023.

One of the defence lawyers stated that he could not proceed with the trial.

Thabo Bester seeks laptop access

Bester’s lawyer, Advocate Lerato Moela, echoed similar concerns, citing ongoing challenges related to his client’s prison conditions.

The convicted rapist, who is incarcerated at Kgosi Mampuru II Correctional Centre’s C-Max Prison in Pretoria, is seeking access to a laptop and internet to prepare for trial.

He also complained about being given limited time to consult with his legal team.

Bester’s 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.

READ MORE: Thabo Bester was detained by police while on the run and then let go, two months after escape

The Free State High Court also dismissed the matter on 21 February, stating it should be heard before a civil and not a criminal court. 

While Bester petitioned the Constitutional Court (ConCourt), he also submitted a conditional leave to appeal to Free State High Court Deputy Judge President Martha Mbhele.

Moela said the matter remains pending before Mbhele after the ConCourt denied direct access.

“Once that is decided, whether the complaints are civil or criminal in nature, a determination will be made as to which forum will hear this substantive merit,” the advocate said, adding that 21 July was provisionally set for the appeal to be heard.

Nandipha Magudumana appeal

Court proceedings were adjourned briefly after Lipholo experienced breathing difficulties and required medical attention.

He did not return to court after the break.

Meanwhile, Motloung informed the court that Magudumana has taken her legal battle over her arrest and extradition from Tanzania to the ConCourt.

The appeal, he said, would affect her ability to proceed to trial.

The Supreme Court of Appeal (SCA) dismissed her leave to appeal application last month.

The case has been postponed to 19 September for a case management hearing.

“The trial date also remains the same,” Opperman said.

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