24 July 2024
Katlego Bereng’s aunt Poppy Bereng (left) sitting next to Nandipha Magadumana (right) at the Bloemfontein High Court. Magadumana assisted Thabo Bester’s escape by smuggling Katlego Bereng’s body into prison. Photo: Becker Semela
Convicted rapist and murderer Thabo Bester, currently on trial for escaping from prison, has appointed new lawyers. His previous lawyers had withdrawn because they had not received legal instructions.
The new lawyers, Dinana Reid Inc, are in the process of filing a high court application regarding Bester’s access to his lawyers while in prison. Bester is being held at Kgosi Mampuru maximum security prison in Pretoria.
During a brief appearance in the Free State High Court on Thursday morning, Bester’s advocate Lerato Moela asked for a postponement until the new high court application is heard. Moela said consulting with Bester at the prison is difficult and they are only allowed two hours a day.
Moela said the application involves Bester’s right to legal representation and the conditions in which he is kept, given his mental health. He also implied the application would challenge the jurisdiction of the court to try Bester, but he did not provide details.
Prosecutor Amanda Bester (no relation to the accused) argued that the matter should not be postponed further. She said that no court papers had yet been served for the application.
She also said Bester had informed the National Prosecuting Authority that he would bring a different application in which he would argue that he was abducted from Tanzania. But his lawyers had said they will not be part of that application.
Judge Cagney Mmusi said that the applications Bester wishes to bring are not yet before him and therefore he cannot consider them.
Two of the accused, Senohe Matsoara and Tieho Makhotsa, told the court that they would apply for legal aid after their private lawyers withdrew.
Mmusi decided to adjourn the court until they had secured legal representation. He said this would give Bester and his lawyers further opportunity to discuss their way forward.
The matter will resume on Wednesday 31 July.