In May 2022, Bester escaped from the Bloemfontein facility by faking his death in a prison cell fire. Authorities allege the escape was carefully orchestrated with the assistance of his girlfriend, Nandipha Magudumana, and several prison officials and external accomplices.

The court indicated judgment would be delivered electronically to the parties’ legal representatives.

Representing himself in court on Tuesday (24/3), Bester argued authorities are treating him as though he has already been found guilty in the pending case related to his escape, set for trial in the Free State High Court in July.

The legality of his incarceration hinges on the validity of the original warrants issued in 2011 and 2012 by courts in the Western Cape and KZN, he said. There has been no judicial determination on whether his release from Mangaung was lawful or unlawful, he added, raising questions about whether correctional authorities are entitled to continue enforcing his sentence.

His re-arrest in Tanzania in April 2023 and subsequent return to South Africa were not supported by a judicial order confirming the validity of the warrants under which he is being held, Bester claimed.

Documents filed by the state classify him as an escapee, effectively prejudging the outcome of the upcoming trial, he said, undermining his constitutional right to be presumed innocent until proven guilty.

“At this stage, I do not enjoy the rights of an accused person,” Bester said, adding he is being treated as a sentenced offender while simultaneously facing trial on charges related to the same alleged escape.

This situation renders the forthcoming trial “moot”. Whether he is acquitted or convicted, he will continue serving his original sentence, he said.

Bester accused the state of overreach, claiming it is acting simultaneously as complainant, adjudicator, and enforcer. He also raised concerns about his conditions of detention, alleging he has been held in solitary confinement for an extended period based solely on the escape allegations.

He had strong evidence supporting his defence, he claimed, and was confident he wouldn’t be found guilty on the escape charges. Bester and his co-accused, including Magudumana, face multiple charges such as aiding and abetting a prison escape, defeating the ends of justice, arson, and violating a corpse.

The state opposed the urgent application, arguing Bester failed to demonstrate urgency. It is maintained correctional authorities are obligated to enforce his sentence, as he was lawfully convicted prior to his escape.

OFM News/Kekeletso Mosebetsi sm

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