Bester’s laptop access application struck off the roll

The urgent application by convicted rapist and murderer, Thabo Bester has been struck off the roll.

Bester brought the application in the High Court in Pretoria, representing himself, wanting access to a laptop.

Convicted rapist and murderer Bester told the court he needs access to a laptop in order to defend himself in the main case where he seeks to challenge the lawfulness of his deportation from Tanzania.

He claimed he is being deprived from defending himself and is being treated unfairly. But it was downhill from there, as the presiding judge almost immediately refused to allow Bester to be given any electronic material.

“I am not able to self-represent myself due to lack of legal resources and I am not able to defend my main application,” says Bester.

“What legal recourse do you need,” the judge asked.

“I require access to a laptop to type,” Bester added.

“I am not going to give you a laptop. I can give you access to books,” the judge replied.

“But your honour you haven’t even heard my application and you are making a decision,” Bester asked.

“You are not getting a laptop,” the judge said.

“What constitutional reason are you giving to deny me without hearing my application. Thats prejudice,” Bester asked.

“Let me talk. You will get law books, it’s the same that every jurist gets. They will give you access to prepare for main application and defence,” the judge elaborated.

“Can I make my submission…I have a constitutional right,” Bester insisted.

“You don’t have a constitutional right. Show me where it says you have a constitutional right to a laptop and a modem. You will not shout and rolling your eyes is unbecoming. I will give you full opportunity,” the judge explained.

Bester claimed he cannot find anyone to assist him to file court papers as he is limited to two visits a month at C Max prison and is denied access to information and justice.

“And because of that I cannot file an application as I wish I cannot take any litigation facts as I wish at any point. I have to find third part to file an application, it makes it impossible for me in my current circumstances to have access to internet, it can be limited in the environment I’m in,” Bester said.

Bester argued that Correctional Services can manage any risks it may be concerned about.

“The evidence I require is online, the access to internet is a completely different. The resource can be a device, at this stage can be managed and controlled without security risk. They have two members outside my door 24 hours a day. They supervise everything I do, I exercise in a cage, I shower in a cage, there is nothing I can access without them being next to me,” Bester continued.

And he is asking for limited access to the internet.

“I am the most guarded inmate in this country. It’s highly impossible that Correctional Services would not be able to supervise a device and limited access and all I am asking for access,” Bester said.

But the state dismissed Bester’s application as a farce.

“The urgency is self-created because the applicant waited for the notice of motion to be filed. He only makes a request. The matter should not be accepted and should be struck from the roll,” says Adv Mosia Mazibuko.

The judge agreed.

“There is no urgency at all. The application is lacking in urgency. Struck off the roll,” the judge declared.

Video: Thabo Bester – Judge and convicted murderer, rapist have heated exchange during laptop application