Legal representation issues force postponement of Thabo Bester case

Convicted rapist and murderer Thabo Bester cut a different figure when his matter returned to the Free State High Court on Wednesday for a second try at a pre-trial hearing.

Bester, his girlfriend Nandipha Magudumana and seven co-accused linked to his dramatic escape from Mangaung maximum security prison in May 2022 were back in court after a month-long postponement.

He looked starkly different to his last appearance, when he sported a brown and black coat and jersey ensemble as he treated the court to a lengthy tirade, opting for a black coat to match his muted appearance this time.

Matching him in all black was Magudumana, who opted for a different demeanour from the tearful figure the country saw during last month's appearance.

Two main issues dominated the last sitting, namely Bester's access to his legal representation and the delay in payments to Senohe Matsoara and Tieho Frans Makhotsa's lawyer Kagisho Moruri.

Bester's lawyer at the time, Mohamed Seedat, indicated his withdrawal from the matter, citing difficulties in access to him on a regular basis.

The convicted rapist and murderer claimed he wasn't "allowed to consult with my legal representation as I wish" and that "client-attorney privilege is a challenge" at Kgosi Mampuru's C-Max section, where he is being held.

Judge Joseph Mhlambi told Bester at the time to bring a formal application before the court regarding the issues.

The same issues cropped up again during Wednesday's proceedings, with Moruri's confirmation of his withdrawal from the matter due to a lack of funds.

Bester's new legal representation, advocate Lerato Moela, addressed the court on bringing the application Mhlambi had previously raised.

Moela told the court after consulting with Bester several times "with the restrictions imposed by correctional services", they served papers to several parties, including the state and correctional services, at 3pm on Tuesday.

"What happened in chambers is engagement as to whether the court will hear the application or it should go to whatever court specialises in that. It has nothing to do with anything else but his right to a fair trial," he said.

While Moela spent time speaking about issues around the application, it turned out the state had not been served papers but had only received "unsigned affidavits" electronically.

"I was [also] informed via e-mail they will serve the papers today. There are certain rules for that. We cannot hear the application today. With all due respect, my impression is that my learned friend does not understand the difference between an application for notice of motion and what he wants to do. This is really not the way he's supposed to do it," argued advocate Amanda Bester for the National Prosecuting Authority.

Mahlambi confirmed no application had been brought before him and urged Moela to get his ducks in a row before the matter is ventilated in court.

The matter was postponed to July 31 to allow Matsoara and Makhotsa to apply for legal aid and allow Moela to make "sure everything that has to be done is done" in terms of his application. 

Bester, Magudumana and Zanda Moyo remain in custody while the rest of the accused are out on bail of R10,000 each.

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