Durban - While Dr Nandipha Magudumana appeared virtually from the comfort of a library at the Kroonstad prison, Thabo Bester was flanked by three Department of Correctional Services (DCS) warders at the Kgosi Mampuru prison in Pretoria.
Magudumana, who had evidently taken the time for a full facebeat before her appearance, flashed a smile, nodded and spoke softly while addressing Magistrate Mohlolo Khabisi.
In contrast, Bester, in his Burberry hoodie, kept his hands in his pockets throughout the proceedings, while keeping a clenched jaw.
Magudumana faces charges of fraud and corruption, defeating the ends of justice and of aiding and abetting a prisoner to escape lawful custody. While Bester, a convicted rapist and murderer, is up against charges of escaping from lawful custody, fraud, defeating the ends of justice and violating a body.
Their co-accused G4S prison warder Senohe Matsoara, CCTV technician Teboho Lipholo, Dr Nandipha Magudumana’s father Zolile Sekeleni, Buti Masemola, Tieho Frans Makgotsa and Nastassja Jansen were present in court for the bail application. Sekeleni is the only one who is out on R10 000 bail and Magudumana has reserved her right to apply for bail.
Bester’s new legal team was unhappy about the proceedings being conducted virtually. They argued that they had not agreed to a virtual hearing which was inconveniencing their client and their work.
Tsoeunyane Pela told the court that they had only been approached by state prosecutor Sello Matlhoko last Friday afternoon requesting for the matter to be virtual, which they opposed.
“It is inconveniencing us, we need to take instruction from the client, with this set-up, we can’t take instructions from the client because everyone else will be listening. Throughout the proceedings, from time to time, there will be a need for the legal team to confirm something with the client.
We want to bring to the attention of the court that we never agreed with the virtual hearing. The prosecutor never came back to the instructing attorney to say whether the virtual hearing had been granted or not,’’ said Pela.
He told the court that they had been taken by surprise when they arrived in court and Bester was not present.
“We were expecting to meet with our client before we commenced because there are a few issues that we wanted to iron out with him,” he said.
Bester and Magudumana’s matter was postponed to June 20, but it is not clear if they will be appearing virtually or if the State will transport the pair to Bloemfontein.
SUNDAY TRIBUNE