On Friday (19/6), Bester and his girlfriend Nandipha Magudumana appeared virtually before the high court in Bloemfontein for another pre-trial hearing. The remaining accused appeared in court alongside their legal representatives.

Judge Ilse van Rhyn postponed the matter to 28 August 2026 for a case management sitting. “Accused 1 and 7, Bester and Magudumana, will appear virtually again. Bail has been extended for accused 2, 3 ,6 ,9 and accused 8 is to remain in custody. The trial has now been set down for 18 January 2027 at 09:30 until 25 March 2027 as a provisionary date.”

Thabo Bester and girlfriend Dr Nandipha Magudumana appeared in the Free State High court virtually. Photo: Kekeletso Mosebetsi

The latest postponement means the trial, which had initially been provisionally scheduled to run from 20 July to 18 August this year, has now been pushed back by several months.

A major stumbling block arose when Bester’s lawyer, Advocate MoAfrika wa Maila, argued the defence team has been unable to properly consult with its client since his transfer to the eBongweni Super Maximum Correctional Facility in Kokstad, KwaZulu-Natal.

Travelling to consult with Bester is costly and time-consuming, Wa Maila told the court. It required a journey of more than 700 km and overnight accommodation. He further claimed telephonic consultations were not being permitted, severely hampering trial preparations.

According to the defence, these challenges mean they will not be ready when the trial commences. The court also heard that an urgent application seeking Bester’s transfer back to Kgosi Mampuru II Correctional Centre in Pretoria was dismissed by the high court in Gauteng.

Van Rhyn, however, made it clear that she would not allow the trial process to be indefinitely delayed because of the transfer dispute.

“As I’ve already indicated to you if you do not agree with the finding of the court in Gauteng, take the court on review that is the situation period, that is the law. But I am not saying I will not be able to assist you to sort the problem of proper and effective consultation at the correctional centre where Mr Bester is incarcerated.

“We can have the head of the prison come to this court, testify as to your allegations and we can always see what we can do to accommodate you to ensure that you have proper opportunity for a proper consultation,” she said.

The judge further questioned why virtual consultations could not be utilised to address the concerns raised by the defence. “I cannot see why virtual consultations cannot be done and as you have said it now you do not even have telephonic consultations with your client and that can be arranged by this court and make it a court order.”

Van Rhyn reiterated the defence has two options: either challenge the Gauteng court’s ruling through an appeal process or request that the Free State High Court issue a directive regulating how consultations with Bester should take place.

Other accused in the Thabo Bester prison escape case. Photo: Kekeletso Mosebetsi

Bester and his co-accused face charges including aiding and abetting his escape from prison, arson and violating a corpse. The charges stem from Bester’s dramatic escape from Mangaung Correctional Centre in May 2022, which sparked a nationwide manhunt before he and Magudumana were arrested in Tanzania in April 2023.

During previous court proceedings, Bester raised several interlocutory matters pending before various courts, which his legal team argues have significantly affected preparations for trial. Despite these concerns, legal representatives for the other accused informed the court that their clients are ready to proceed with trial.

OFM News/Kekeletso Mosebetsi sm

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