'Rude' Thabo Bester told he can have access to legal resources, but ...

Thabo Bester's urgent application for access to a laptop and the internet seems set to fail after the Pretoria high court agreed to give him access to physical legal resources, but not “electronic material”.

Bester was back in the high court on Tuesday, nearly two months after his case relating to his dramatic escape from Mangaung maximum security prison in May 2022 was set down for trial next year.

The convicted rapist and murderer said he wants access to electronic devices and material “to adequately prepare” for his upcoming deportation hearing.

It remains unclear which matter he was referring to as the only case set to be heard in relation to his and girlfriend Dr Nandipha Magudumana's arrests and deportation from Tanzania is a Supreme Court of Appeal (SCA) application brought by the latter.

In October last year the SCA decided it would hear Magudumana’s appeal against a Free State high court judgment that found South African courts retain criminal jurisdiction over her.

On Tuesday Bester, representing himself under a heavy police guard, explained the reason for his application.

“The main application is of a person who was deported out of Tanzania with [allegedly] false documents issued by home affairs.

“I am challenging the lawfulness of my imprisonment and of my deportation and arrest in Tanzania. I am not able to represent myself [while] having a lack of legal resources,” he said.

Bester tried to argue it was his “constitutional right” to access the devices and material, which the judge, who cannot be named as per a court order, quickly refuted.

“You don't have a constitutional right to a laptop and a modem. Show me where in the constitution it says you have a constitutional right to a laptop and a modem.

“You can have access to hard copies, but you are not getting access to a laptop. You will get law books. They are the same books every jurist in the country used [ before laptops]. They will give you access to all the information you need for the purposes of preparation for both your main application and your defence in the Free State,” she said.

Bester changed tack and tried to argue that students had access to laptops, but this also fell flat as the no-nonsense judge said he is not studying.

The inmate told the court he has “visual evidence in the main application that has to be seen” and which required a laptop.

He said his request wasn't for unlimited access and his use of the electronics could be “monitored and managed” by prison authorities.

“How am I going to watch them when I'm in C Max and incarcerated? You've thrown out my application without me giving you background,” he told the judge, before accusing her of being biased. 

“I haven't Mr Bester. I'm telling you I'll give you the material you need. I'm not giving you electronic material,” the judge hit back, before telling him not to be rude or roll his eyes during his appearance.

Despite the judge's stance, Bester was given a chance to make his argument, citing similar arrangements in prisons around the world to try to support his argument.

While Bester was given the option of requesting a lengthier postponement so he can prepare his reply, he confidently told the court he'd have his response ready within a few hours.

The judge warned him to “stick to what you've said in your founding [and replying] affidavit”.

“I'm not allowing submissions outside of that. You've made a lot of submissions outside this and I've allowed it. But it's not admissible, it has to be under oath,” she said.

The matter was postponed to later in the afternoon to allow Bester time to prepare his response.

Advocate Mosioa Mazibuko indicated correctional services' intention to file a supplementary affidavit in addition to its response to Bester's application.

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