Thabo Bester hints at Dali Mpofu as addition to legal team
Thabo Bester told the Bloemfontein Magistrate’s Court that he intends to solicit the services of Advocate Dali Mpofu.
Bester and his co-accused were in court when his lawyer, Kabelo Matee, revealed that his mandate had not been terminated, despite Jan Loubser coming on record as Bester’s lawyer.
“I’ve consulted with Mr Bester at length before the matter proceeded, and I have not been excused as attorney of record yet. However, I don’t hold instructions that either my mandate has been terminated or I should withdraw as attorney of record. May the court please clear this with the accused?” queried Matee.
Loubser, an attorney with Loubser and Loubser Incorporated in Pretoria, said he would be assisted by Advocate Zandile Mshololo– who represents one of the five accused in the Senzo Meyiwa murder trial – in future proceedings.
Bester was rearrested in Tanzania in April this year with his celebrity doctor partner, Dr Nandipha Magudumana, who faces charges of aiding and abetting his escape.
The convicted rapist and killer, who is also known as the Facebook rapist, allegedly staged his own death by placing the body of Katlego Bereng in his cell at the Mangaung Correctional Facility before setting it alight.
Legal commentator, attorney, and founder of Dubazana Attorneys Incorporated, Nthabiseng Dubazana said it’s not possible for two attorneys to represent one client in the same matter.
“If it is attorney and counsel, then it would be the situation wherein his current attorney would be briefing counsel to act on his behalf in that situation.
“But, in the scenario that there are two law firms there, one has to withdraw as an attorney of record in that matter. They can’t represent the same client because you can’t brief an attorney to represent you, yet you are an attorney yourself.”
READ: Thabo Bester case moved to High Court for pre-trial conference
When asked to clarify the issue of his legal representation, Bester mentioned Mpofu.
“I feel like there are quite a few things that I would like them to deal with, and I would like them to both remain as instructing attorneys with Advocate Mshololo, and I’ll also be adding on Dali Mpofu, “he said.
Advocate Mpofu has represented the likes of former President Jacob Zuma and impeached public protector Busisiwe Mkhwebane.
Meanwhile, Matee told the court that telephone discussions between Bester and his legal team were being recorded by the Department of Correctional Services, which is a breach of the attorney-client privilege.
“My instructions are that there are some confidential issues that accused number five [Thabo Bester] would like to convey to his attorneys which don’t warrant to be recorded by the DCS, which impacts this trial in this manner – we are not able to openly consult with our client.”
State prosecutor Amanda Bester told the court that she was not a party to the alleged recording and could not comment on the claim.
However, Dubazana says if indeed this is taking place, as claimed by [Thabo] Bester, it would also be in contravention of the Protection of Personal Information (POPI) Act.
Correctional services spokesperson Singabakho Nxumalo dismissed the claims as "theatricals".
"Our task is to incarcerate those sent to us by the courts. What they discuss with their lawyers is not part of our mandate; ours is to create an enabling environment for visits/consultations between inmates and legal representatives," Nxumalo said.
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