‘Little information kills’: Zola Majavu believes Thabo Bester had valid case but lost in his court approach
Seasoned legal practitioner Zola Majavu says Thabo Bester’s spirited bid to have access to a laptop and other electronic devices, which was struck off the roll on Tuesday due to a lack of urgency was a fair request but the convicted killer failed in his approach.
IOL reported on Wednesday that Bester will have to prepare 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 High Court in Pretoria struck off his urgent application from the roll to have access to a laptop and other electronic devices, citing a lack of urgency. The judge, who may not be identified as per a court order, said Bester had created his own urgency.
Bester is currently awaiting trial following his escape from the Mangaung Prison in Bloemfontein and related offences.
In an interview with broadcaster Newzroom Afrika, Majavu said Bester had a case.
“I think a good starting point would be to acknowledge that Mr Bester, whatever his shortcomings and whatever we may think of him as a convicted person, raised quite important issues. However, little knowledge also kills because the essence of what he sought to convey to the court was lost in the manner in which he brought his application. That is the first thing,” said Majavu.
“Secondly, I believe he would have been better served had he retained one of his legal advisers who have been assisting him, even on the sidelines. He brought this application firstly as an urgent application,” he said.
“Now, for it to be enjoying the attention of the court on the basis of urgency, he has to demonstrate that it is indeed urgent, and that he will also not have any other substantial recourse in the future and further that the balance of convenience favours him or the relief that he seeks.”
Majavu said Bester’s application had no prospects of success.
“Did he stand a chance to win? No. Any experienced lawyer would have told him that he would failed at the first hurdle, namely of urgency. The issues that he sought to raise, whether he had merit or not, are not suddenly issues he woke up today or last night realising that they need to be sorted out. So on the basis of urgency alone, it was a stillborn application,” he said.
“In fairness to him, if one has regard to how this type of proceedings are conducted in our courts especially in the North and South Gauteng divisions (of the high court), it is mostly on what is called case online or CaseLines which is a highly electronic process which you cannot participate in unless you have the requisite gadgets — bar minimum you need at least a functional laptop together with a printer or a scanner to enable you to scan whatever documents that you need to put before the courts and your opponents.”
Majavu said in the absence of the documents, Bester would be unable to avail himself to the rights and remedies that he is entitled to.
The legal eagle said had Bester approached courts in the normal course, he probably would have received a somewhat sympathetic hearing.
Pretoria News reported on Wednesday that 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.
IOL