Courtroom chronicles: Thabo Bester spills beans on legal rollercoaster ride

The convicted murderer and rapist Thabo Bester used his court appearance on Wednesday to complain about the lack of confidentiality in prison and claimed he has a different set of rules to other inmates.

Bester addressed Judge Cagney Musi, Judge President of the Free State, after another legal representative withdrew from his case.

Bester’s former attorney, Mohammed Seedat, informed the court that he withdrew as he hasn’t received payment. He also believes it would be easier if Bester’s attorney resides in Johannesburg or Pretoria.

After Bester put up his hand and requested to address the court, Musi allowed Bester a few minutes to speak.

He said that the legal representation brought before the court previously was not appointed by him. “I didn’t sign any mandate. They were appointed outside of mandate. It was clarified by my attorney that they’d have to withdraw from this appearance.

“Obviously, we tried to consult with them. They booked about three days to consult with me in C Max. Unfortunately, they weren’t given the chance,” Bester said.  

Bester claims lack of confidentiality

He then complained about the lack of client and attorney privilege of confidentiality in the Kgosi Mampuru prison in Pretoria where he is being detained.

“It doesn’t seem like I’m allowed to consult with my legal representation as I wish. Even the client and attorney privilege of confidentiality is a challenge.

“First of all, the matter which I face in this court has to do with the Correctional Services Act. Indirectly, correctional services are part of the complaint, because they are charging me with escape.

“My confidentiality has been compromised, because correctional services have a direct interest in the matter. I cannot divulge any information to my attorney on the alleged escape. I do not believe it was an escape. Whatever the facts are, I cannot consult freely with any attorney in C Max because of the restriction that the national commissioner has instructed on the wardens that work there.

“The system that has been set up for me specifically, is I have my own set of rules compared to other inmates,” Bester continued.  

Musi then asked him if he is not allowed to have any consultation with his legal representative in the absence of employees of the Department of Correctional Services.

‘Phone calls are recorded’

Bester answered that he doesn’t have the privilege of confidentiality due to conversations taking place via a telephone. According to Bester, the conversations are recorded. “It’s been proven that it has been used to access information from consultations.

“As people from the head office of correctional services are involved, I need to consult with my attorney freely. I am trying to finalise appointing a new team, but with that, we’ll still face the same challenges.”

Musi then suggested that Bester engage the services of a legal representative and instruct them to bring a formal application to court to deal with his application to consult in a manner that respects and protects the privilege of the legal representative and the client.

Judge Musi then explained that Bester is without representation. Should his future legal representative face the challenges Bester referred to, “then and only then you can bring your application”.

Bester complains about access to legal documents

After requesting a second opportunity to address the court, Bester said that he was having trouble obtaining legal documents pertaining to his current incarceration. “I requested it from the national commissioner, but was told that I do not have access to it. It even took me four months to access the Bill of Rights and the Constitution.”

He went on to say that his legal representation continues to withdraw from the case because of the way they are treated when consulting with him or requesting documents.

Bester also stated that he has been segregated from the outside world for 15 months. According to Bester, it affects his mental health and his ability to present himself in court.

“I have had no human contact, except for the Emergency Support Team (EST) outside my door. However, they have been removed and my life is in danger.”

He also said that his co-accused are innocent and that all the charges against them are fabrications. According to Bester, he never really escaped from the Mangaung Correctional Centre in Bloemfontein.

After Bester said “this is my last point” for the third time, Musi interrupted him and said he already made his third last point. Judge Musi’s comment caused chuckling in the public gallery.

The accused

As with their previous court appearance, Bester and Magudumana did not look at each other.

Bester’s co-accused include Dr Nandipha Magudumana, her father, Zolile Cornelius Sekeleni, his driver Xanda Moyo, camera technicians Teboho Lipholo and James Lipholo, G4S employees Motanyane Masukela, Tieho Frans Makhotsa and Senohe Matsoara.

Bester faces charges related to escaping from prison, while his co-accused are charged with defeating the ends of justice and aiding an inmate’s escape. Bester, Magudumana and Moyo remain in custody.

The case is postponed to 24 July.

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