Judge warns Thabo Bester and co-accused not to delay proceedings
Nandipha Magudumana’s father has still not appointed a lawyer since January
Thabo Bester escaped from prison in 2022 and was recaptured in 2023 after GroundUp revealed that he had escaped. Illustration Lisa Nelson
Judge Mareena Opperman of the Free State High Court issued a stern warning on Tuesday to the accused in the Thabo Bester trial that there will be consequences should they unreasonably delay proceedings.
Bester, a convicted rapist and murderer standing trial for escaping from Mangaung prison in 2022, has a pending legal matter which may delay the trial. He has argued before the high court that he is not given sufficient opportunity to consult with his lawyers. The court ruled against him, but he is appealing against the judgment.
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 in November.
“This is not a cause for reasonable delay,” the judge told Bester’s representative, Advocate Lerato Moela, on Tuesday. “You as an officer of the court must be committed to the expedition of this 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, Mr Bester. It is in the interest of justice,” Judge Opperman responded.
Meanwhile, Zolile Sekeleni, the father of Nandipha Magudumana, who is accused of helping Bester escape from prison, has still not appointed a lawyer since January. He told the court he did not have money for a lawyer.
His Legal Aid application was refused in January and he was offered assistance by Legal Aid’s representatives in the Free State to appeal against the decision, but did not take up the offer. Instead, he asked his daughter’s lawyer, Machini Motloung, to take his case. But this did not work out.
“You must be very careful that your conduct in obtaining legal representation does not cause an undue, unreasonable delay that must be investigated by this court,” Judge Opperman told Sekeleni.
“If you do not do your due diligence in getting legal representation … the court may order that the matter proceed with or without a legal representative for you. So be very careful.”
Motloung told the court that if Sekeleni’s appeal to the Legal Aid board was unsuccessful, he would be willing to represent him.
Magudumana’s extradition matter may also affect the trial. The Supreme Court of Appeal ruled in May that Magudumana had not been wrongfully brought back to South Africa after her arrest in Tanzania and could therefore stand trial.
But Magudumana has applied to appeal against this ruling in the Constitutional Court. Should the Constitutional Court find in her favour, the high court will not have jurisdiction to try her and she will be released.
The next hearing will be on 21 September for another case management session to ensure the trial can start on 10 November.
The state withdrew charges against one of the accused, former prison official Motanye Masukela, on Tuesday. No reasons were given.
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