Thabo Bester will have to make due with preparing for his upcoming application in which he is contesting his deportation from Tanzania and for his criminal trial with the resources he has at hand while incarcerated in C-Max prison in Pretoria.
This is after the Gauteng High Court, Pretoria on Tuesday struck his urgent application from the roll to have access to a laptop and other electronic devices, due to a lack of urgency. The judge, who may not be identified as per a court order, said he created his own urgency.
Bester is currently awaiting trial following his escape from the Mangaung Prison in Bloemfontein and related offences.
A feisty Bester, who several times clashed with the judge, argued that his rights are being trampled on and that while he is made out to be a “monster”, 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.
Bester and his girlfriend Nandipha Magudumana fled to Tanzania following his escape but they were subsequently arrested and deported back to South Africa.
Bester is now fighting his extradition and told the court that he needed access to a laptop and other electronic resources to prepare for that case, in which he claims his deportation was illegal.
He said he also needed these devices to prepare for his main criminal trial, together with his co-accused which is due to go ahead next year.
In turning down his application for a lack of urgency, the judge pointed out that Bester is legally represented in both the criminal trial and his deportation application. She also said these cases are not yet off the ground.
According to Bester, he will not have fair hearings if he could not prepare and he thus needed access to the electronic devices. He said he needed access to law books as well as visuals such as when a media briefing was held relating to his deportation from Tanzania.
Bester told the judge that C-Max prison has a library where he could work on a laptop, under supervision.
The judge at a stage commented that he can have access to all the law books and related material he wanted, but not access to electronic devices.
This caused a heated exchange between the judge and Bester, with the latter who interrupted the judge to such an extent, that she told him to have respect for the court.
Bester told the judge that it is his Constitutional right to have access to a laptop. The judge in turn said: “I put it to you, you don't have a Constitutional right to a laptop. Show me where this right is.”
Bester pointed out that the students in prison have access to a laptop, which caused the judge to question whether he is a student. Bester responded that he is not.
He, however, said it is his Constitutional right to bring this application and it appeared to him that the judge was not prepared to hear him. “You are blocking me,” he told the judge.
During their exchange, Bester rolled his eyes, which caused the judge to tell him to have some respect for the court. “Be polite. Please don't roll your eyes,” the judge told him.
The court was asked by correctional services to strike the matter from the roll due to a lack of urgency. She was also told that the department cannot allow Bester the use of electronic devices due to security concerns and in light of his previous conduct when he used a laptop in his cell, apparently planning his escape and committing fraud.
The department said a similar application failed in July in the Free State and Bester should have known then already that he needed a laptop. However, he only turned to the court here now.
Bester in turn said this is because it is virtually impossible for him, due to a lack of any resources from his caged cell, to launch applications, which include to make and commission affidavits.
Correctional Services, in turn, said he has the necessary resources to access the court, but he wants to do things his way.
Pretoria News