The Thabo Bester case returned to the Bloemfontein High Court for a pre-trial hearing, on Tuesday, where several important developments were revealed ahead of the trial involving Bester and eight co-accused.
Here’s what happened at the Thabo Bester pre-trial hearing
Legal Aid Dispute and Appeals
Zolile Sekeleni, the father of accused Dr Nandipha Magudumana, told the court he is appealing Legal Aid South Africa’s decision to deny him state-funded legal representation.
He said he could not afford to hire a lawyer and was relying on Legal Aid to help him prepare for the trial.
Legal Aid had declined his application earlier this year, citing his financial status. In court, Sekeleni explained that he was trying to ask his daughter’s lawyer, Advocate Machini Motloung, to assist him.
However, Motloung reportedly has a full caseload and cannot represent both Sekeleni and Magudumana, who is also challenging her deportation from Tanzania.
The court heard that Sekeleni will now proceed with appealing Legal Aid’s decision, and the matter is expected to be resolved within the week.
If the appeal fails, Advocate Motloung has indicated he might still step in to assist.
Defence Readiness and Delays
The judge asked whether all parties would be ready by the initially planned 21 July 2025 trial date.
While the court has over 5,000 pages of evidence to process, some lawyers said they were not yet prepared. Thabo Bester’s lawyer explained that they are still waiting for a court ruling on his request for access to electronic evidence, such as videos and other digital records, to prepare his defence.
Another lawyer representing three of the accused also said he had not worked on the case since March and would need more time. The judge noted the delays but insisted the legal teams prepare to proceed by the set trial dates unless circumstances change.
Health and Conduct in Court
The hearing was temporarily paused after accused Teboho Lipholo showed signs of struggling to breathe. Proceedings resumed in his absence.
Bester requested to consult privately with his lawyer after court, but the judge denied this, stating the Department of Corrections would manage such requests.
However, one lawyer said an informal arrangement already exists to allow limited post-court consultations.
Charges and Trial Schedule
Bester and his co-accused face multiple charges, including fraud, corruption, violating a corpse, aiding an escape, and defeating the ends of justice. The charges stem from Bester’s 2022 prison escape, during which a body was smuggled into Mangaung Correctional Centre as a decoy.
The court confirmed that charges against one accused, former G4S employee Buti Masukela, have been withdrawn.
The trial has been scheduled in two parts: from 10 November to 5 December 2025, and then from 19 January to 29 March 2026.
One final case management hearing is set for 19 September 2025, where all outstanding matters must be resolved.
Current Status of the Accused
- Accused 1: Dr Nandipha Magudumana – in custody, challenging her extradition.
- Accused 2: Teboho Lipholo – arrest warrant issued but stayed.
- Accused 3: Senohe Matsoara – out on bail.
- Accused 4: Zolile Sekeleni – out on bail, appealing Legal Aid decision.
- Accused 5: Buti Masukela – charges withdrawn.
- Accused 6: Teiho Makhotsa – on bail.
- Accused 7: Thabo Bester – in custody, central figure in escape case.
- Accused 8: Zanda Moyo – in custody.
- Accused 9: Joel Maketha – out on bail.
The court urged all parties to ensure readiness ahead of the November trial to avoid further delays in this complex and high-profile matter.
