Adv. Machini Motloung says the state must prove its case beyond a reasonable doubt with the said charges. On Tuesday 11 April 2023, the state charged Bester's alleged accomplices Zolile Sekeleni (65), the father of Bester's girlfriend Nandipha Magudumana, and former G4S prison guard Senohe Matsoara (39) with five crimes including murder, arson, defeating the ends of justice and fraud, among others.

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Initially, the police had announced that Dr Magudumana's father and Matsoara were facing charges of aiding and abetting Bester to escape from lawful custody but later more charges were added against the duo.

Motloung said the state should remain with the charges of aiding and abetting Bester to escape from lawful custody as the main charges.

"From where one is, one was hoping that aiding and abetting a prisoner to escape from lawful custody would be the main charge. Or at the very least, section 115(e), which deals with harbouring and concealing or assisting to harbour or conceal a prisoner who escapes from prison, could have been one of the charges that the state should have preferred," Motloung said.

Motloung's sentiment comes after the National Prosecution Authority (NPA) spokesperson, Phaladi Shuping, announced that the duo faces the aforementioned charges after a burnt body was found inside Bester's cell at the Mangaung Prison.

"The accused are currently facing five charges and one of those charges is murder because the evidence that is being presented to us as the prosecution at the moment is that there was a burnt body was found inside of one of the units in that correctional centre, hence we decided to pit that charge against the accused," Phaladi said.

On Tuesday, Sekeleni and Matsoara briefly appeared in court before the Bloemfontein Magistrate Mahlomola Khabisi.

This after they were arrested over the weekend in different places including Eastern Cape and Bloemfontein respectively. 

During the brief court proceedings in a packed courtroom, the matter was postponed to 17 April 2023 for a formal bail application.

The magistrate ordered that accused 1, Matsoara, be detained in the Brandfort Correctional Centre whilst the second accused Sekeleni, should be detained at the Bainslvlei Police Station's holding cells at Bloemfontein.

Matsoara is being kept in Brandfort following a plea by his legal representative Kagisho Moruri. Moruri and colleague Advocate Themba Diba, representing the father of Dr Magudumana, pleaded with the court that there was an agreement between the defence and prosecution team led by Sello Matlhoko for a formal bail application on Monday 17 April 2023.

OFM News