On Friday, the Free State High Court reserved its judgment regarding a critical application by convicted rapist and murderer Thabo Bester, who claims he is being subjected to unfair treatment by the Department of Correctional Services (DCS).
Advocate Lerato Moela, representing Bester, encountered significant obstacles as she attempted to persuade the court that his application deserved to be heard within the context of criminal proceedings.
Absent from the hearing, Bester stated through Moela that the treatment he is receiving at the Kgosi Mampuru Correctional Centre constitutes a violation of his rights as an inmate.
However, Deputy Judge President Martha Mbhele raised concerns over the procedural integrity of Moela's application, asserting that she had not adhered to the necessary guidelines for introducing such a case in court.
During the session, Judge Mbhele implored Moela to revisit fundamental criminal procedure principles, highlighting the importance of proper legal protocols in judicial requests.
This scrutiny raises questions about the broader implications of Bester’s claims, which have been longstanding amidst ongoing legal battles since his recent furore involving an escape from custody and related charges.
This latest development follows two months after Bester's failed urgent application to secure access to a laptop and other devices, aimed at aiding his preparation for an upcoming extradition case and ongoing criminal trial.
Bester’s ongoing legal struggles and his push for resources to prepare his defence depict a wider narrative of inmates seeking equity within a system often viewed as punitive rather than rehabilitative.
In September, a feisty Bester who was representing himself at the time, argued for a long time about his rights which he claimed are being trampled on and how he is made out to be a monster, while none of the allegations against him has yet been proven.
“I am presumed to be innocent until proven guilty… Inmates are also human beings. They can fight for their rights. Because I am Thabo Bester does it mean I have no rights…At the end of the day I am fighting for my life,” he told the judge (an order was made for the judge not to be identified).
With judgment reserved, the Free State High Court's eventual decision could set a precedent for the treatment of prisoners and inmate rights in South Africa, particularly for those with high-profile cases or serious allegations.
Saturday Star