Thabo Bester wants Mshololo, Mpofu to join legal team as case moved to Free State High Court

The escape case against Thabo Bester and 10 others has been transferred to the Free State High Court, with the rapist and murderer wanting to rope in high-profile advocates.

The accused appeared in the Bloemfontein magistrate's court on Wednesday for what was seemingly going to be a simple postponement.

However, it became a lengthy and somewhat dramatic matter before magistrate Estelle de Lange after reports emerged that Bester's partner, Dr Nandipha Magudumana, had collapsed in the holding cells while waiting to appear in court.

Her lawyer, Machini Motloung, told journalists his client was declared unwell on Tuesday. Despite this, she was brought to Bloemfontein against her wishes from the Kroonstad correctional facility.

“She's not well, she's in the cells. I don't need to be a medical expert to say it, she's on the floor.” This was harsh treatment, he said, adding, “Even accused persons have rights”.

In court, the state said it was withdrawing the case against three of the accused: former G4S employees Nastassja Jansen, Thabang Matthews Mier and Moeketsi April Ramolula.

However, before prosecutor Amanda Bester could proceed, the issue of Bester's legal representatives came up. 

At his last appearance in August, he was represented by Peter Matee, but a new lawyer, Jan Loubser, attended Wednesday's proceedings, seemingly without Matee's knowledge.

Loubser said he was now the attorney on record for Bester, with advocate Zandile Mshololo.

Matee sought clarity, saying he had not been excused as the attorney on record despite consulting with Bester “at length” before proceedings.

Bester clarified, saying: “They're both going to be part of my team ... I feel like there's quite a few things I want them to deal with and I would like both of them to remain as my instructing attorneys, [with] advocate Mshololo and adding on advocate Dali Mpofu. So I would like both of them to remain on the team,” Bester said.

The matter was left to the legal representatives and Bester to resolve.

After a short adjournment, the issue of who would represent Bester appeared to be clarified, as Matee went on record to complain about lack of confidentiality when Bester consulted his lawyers in prison.

“Whenever accused No 5 [Bester] wants to contact his legal rep, he does that telephonically on most occasions. However, those telephonic conversations are being recorded and we all know about attorney-client privilege ... those telephonic conversations may not and cannot be recorded,” Matee said.

The prosecutor said she was “not a party” to the issues raised by Matee.

De Lange confirmed the matter was on record before transferring the case to the high court.

“We will still attend to the transfer of the matter in respect of accused 4 [Magudumana] as she is not present,” she added.

The case will go to pretrial in February.

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