Magudumana banks on Supreme Court, as Thabo Bester prison break trial starts in 2025

The trial of convicted killer and rapist Thabo Bester and his eight co-accused is scheduled to begin in 2025 at the Free State High Court in Bloemfontein.

On Wednesday, Thabo Bester appeared in court for a pre-trial hearing alongside his ex-partner, Nandipha Magudumana; her father, Zolile Sekeleni; their gardener, Zanda Moyo; and former G4S prison staff members Frans Makhotsa, Senohe Matsoara, Buti Masukela, Teboho Lipholo, and Joel Maketha.

The case was postponed a week ago to allow some of the accused to obtain new legal representation.

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The suspects face multiple charges, including fraud, corruption, violation of a corpse, defeating the ends of justice, arson, and assisting a prisoner to escape.

These charges relate to Bester’s escape from prison in 2022.

Bester, Magudumana, and Moyo remain in prison, while the others are out on bail.

Trial date

State prosecutor, Advocate Amanda Bester informed Judge Cagney Musi that an agreement had been reached with the defence regarding the trial date.

The proposed trial is scheduled to begin in February 2025 and continue until the end of the judiciary’s term.

The prosecutor indicated that the trial would resume in the third term due to the unavailability of one of the defence lawyers throughout the second term.

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According to a 2019 directive signed by former Chief Justice Mogoeng Mogoeng, the first term of the superior court in 2025 will last 10 weeks, from 20 January to 30 March, with a two-week recess before the next term.

The second term will also span 10 weeks, from 14 April to 22 June, followed by a four-week recess.

The third term will commence on 21 July and conclude on 21 September.

Magudumana’s appeal

Magudumana’s lawyer, Advocate Machini Motloung informed Musi that his client’s case challenging her arrest and indictment could be heard by the Supreme Court of Appeal (SCA) “at any time” before the end of 2024.

Motloung warned that the outcome of the case might have a bearing on the trial.

“It is our belief that the SCA would not have accepted this particular matter to be heard in the SCA if there was no case to be heard, but I still stand and fall by my earlier submissions that I have done everything in preparation for this matter.

“If I were to start a trial, I will be ready. In a nutshell, the issue of criminal jurisdiction is being challenged in a forum outside this particular matter,” the defence lawyer said.

READ MORE: ‘She’s in pain’: Nandipha Magudumana beaten up by sangoma and mentally ill inmate?

The prosecutor, however, insisted that the trial date goes ahead regardless.

“I don’t think we must jump the gun about the judgment there. We must still proceed with the trial date.

“If something happens in the meantime, I think we can sort it out and make a decision in that regard because if we don’t set the trial date now, we are going to go for another year,” Advocate Amanda Bester said.

She confirmed that the state was instructed by the SCA to file their replying affidavit by 5 August.

Musi postponed the case to 10 February next year and directed that Bester, Magudumana and Moyo would be remanded in custody until the trial.

“The rest, your bail is extended,” the judge ruled on Wednesday.

Magudumana had been granted leave to appeal in October 2023 after petitioning to the SCA.

She is appealing the Free State High Court’s 18 July 2023 ruling, which dismissed her leave to appeal challenging legality of her arrest.

Her initial application was rejected by the high court on 5 June 2023.

Thabo Bester escape

Magudumana and Thabo Bester were apprehended in Arusha, Tanzania in April 2023 after fleeing South Africa.

Bester had escaped from the Mangaung Correctional Centre in Bloemfontein on 3 May 2022, after faking his death in a staged jail cell fire.

Katlego Bareng’s body was found in the prison cell.

At least 12 people, including Magudumana and Bester, were initially arrested and charged.

However, the state withdrew charges against former G4S employees, Natasha Jansen, Moeketsi Ramolula and Thabang Mier.

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