Thabo Bester’s Request for Electronic Access Denied in Court

Thabo Bester, a convicted rapist and murderer, appeared at the Pretoria High Court where he filed an urgent application for access to a laptop and internet services. The court, however, ruled against his request, granting him access only to physical legal resources.

Bester returned to court nearly two months before the commencement of his trial for the escape from Mangaung maximum-security prison in May 2022. He argued that he needed electronic devices to adequately prepare for a deportation hearing related to his re-arrest in Tanzania.

The only pending case related to Bester and his girlfriend, Dr. Nandipha Magudumana, is a Supreme Court of Appeal (SCA) application filed by Magudumana against a Free State High Court ruling. This ruling maintains South African courts’ jurisdiction over her.

Representing himself under heavy police guard, Bester argued his deportation from Tanzania was conducted with allegedly false documents issued by Home Affairs. He claimed he was unable to effectively represent himself without access to electronic legal resources.

The presiding judge, whose identity is protected by a court order, firmly rejected Bester’s claims, stating there is no constitutional right to access a laptop or a modem in such circumstances. She offered him law books and other traditional resources to aid his case preparation, but not a laptop.

In his arguments, Bester compared his situation to students, claiming they have access to laptops. The judge countered this by highlighting that Bester was not studying.

Bester also contended he needed a laptop to view visual evidence essential to his case. He proposed that the use of electronics could be monitored by prison authorities. The judge, however, stood firm on her decision, advising that he refrain from disrespectful behavior in court.

Bester attempted to cite examples from international prisons but was advised to stick to his original affidavit and not introduce any new submissions outside of sworn statements.

The court allowed Bester additional time to prepare his response with a later postponement on the same day. Advocate Mosioa Mazibuko also announced the correctional services’ plan to submit a supplementary affidavit in response to Bester’s application.