The highly anticipated trial of Thabo Bester, Nandipha Magudumana, and seven others was scheduled to begin today but has been postponed once again.
Thabo Bester case pushed back to July 2025
The Free State High Court has now set 21 July 2025 as the new trial date.
The National Prosecuting Authority (NPA) insists that it is ready to proceed, but two outstanding matters have caused delays.
The first is Magudumana’s ongoing appeal at the Supreme Court of Appeal (SCA), where she is challenging the legality of her deportation from Tanzania.
If she succeeds, the case against her could be thrown out. The second issue involves Bester’s demand to access a laptop in prison, which remains unresolved.
Advocate Machini Motloung, representing Magudumana, confirmed the delay, stating:
“The matter is still pending as we are waiting for the outcome of our appeal in the Supreme Court of Appeal. The state saw it necessary that, on 13 January, all parties meet in the Free State High Court to explore alternatives, considering that it would not have been feasible to proceed with the trial today.”
Nandipha Magudumana’s lawyer reveals details about her mental state
Magudumana’s legal team continues to argue that her return to South Africa was unlawful. The basis of their appeal at the SCA is that she was subjected to what they call a “disguised extradition” and that she did not voluntarily consent to return.
Advocate Motloung elaborated:
“It is well-documented that her return was presented as a lawful deportation, but the High Court found that it was, in fact, an unlawful process. The argument against us is that she consented to this illegality, but we maintain that no one can consent to an unlawful act.”
If the SCA rules in Magudumana’s favour, the legitimacy of the criminal case against her will be questioned, potentially preventing the state from prosecuting her.
Meanwhile, her lawyer has raised concerns about her deteriorating mental condition after nearly two years behind bars.
“Being incarcerated inevitably has an adverse impact on a person—mentally, psychologically, and physically. She is experiencing severe mental distress as a result of her continued detention,” Motloung stated.
With the SCA’s decision still pending, the legal uncertainty surrounding her case could influence the direction of the trial.
The state maintains that Magudumana played a central role in orchestrating Bester’s escape from the Mangaung Correctional Centre, along with charges of arson, fraud, and violating a body.
If the SCA rules in her favour, the prosecution will face a significant legal hurdle.