In a high-stakes courtroom session on Tuesday, Judge Mareena Opperman of the Free State High Court issued an unequivocal warning to accused Thabo Bester and his legal representatives regarding potential delays in his trial. Bester, a convicted rapist and murderer, stands accused of escaping from Mangaung prison in 2022, a case that has gripped South Africa.
The trial could face further delays due to a pending appeal related to Bester’s claim of inadequate access to legal counsel. The high court had ruled against Bester’s assertions; however, he is pursuing an appeal. Throughout the proceedings, Judge Opperman reminded those involved of the urgency of ensuring the trial begins as scheduled in November.
“This is not a cause for reasonable delay,” Judge Opperman told Bester’s representative, Advocate Lerato Moela, emphasising the need for timely preparation. “You as an officer of the court must be committed to the expedition of this trial.” In a surprising moment, Bester himself rose to affirm his commitment to the proceedings, contributing to a complex narrative of a man entangled in a web of legal challenges.
“I so appreciate that commitment, Mr Bester. It is in the interest of justice,” Judge Opperman responded, highlighting the dichotomy between Bester’s statements and the gravity of his charges.
Complicating matters further, Zolile Sekeleni, the father of Bester’s alleged accomplice, Nandipha Magudumana, faces his own challenges in securing legal representation. Since January, Sekeleni has not appointed a lawyer due to financial constraints. His application for Legal Aid was declined, and despite an offer of assistance to appeal the decision, he has been unable to move forward.
In a stern reminder, Judge Opperman cautioned Sekeleni about the potential consequences of his inaction: “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.” The court’s patience seems to be wearing thin, with Judge Opperman threatening that proceedings may continue regardless of Sekeleni’s legal status if he does not act promptly.
Advocate Motloung, the lawyer representing Sekeleni’s daughter, indicated his willingness to step in should Sekeleni’s appeal to the Legal Aid board be unsuccessful, which may provide a glimmer of hope as the trial date approaches.
The intertwined fates of Bester and Magudumana have added layers of complexity to the proceedings. The Supreme Court of Appeal previously ruled in May that Magudumana’s extradition from Tanzania was lawful, allowing her to stand trial. However, she is currently seeking to challenge this ruling in the Constitutional Court. If successful, this could dramatically shift the jurisdictional framework, potentially releasing Magudumana from custody.
This ongoing saga will see a follow-up hearing on 21 September to address case management issues, signalling the court’s insistence on maintaining a clear trajectory towards the trial commencement set for 10 November. Furthermore, in a notable turn of events, the state withdrew charges against former prison official Motanye Masukela during Tuesday’s proceedings, though officials did not provide reasons for this significant decision.