Johannesburg – Dr Nandipha Magudumana, accused number four in the Thabo Bester prison escape case, has provisionally withdrawn her bail application.
The reasons, which remain unclear at this stage, were brought to the attention of the Bloemfontein Magistrate’s Court judge yesterday (Thursday) morning, with her lawyer indicating that new information has surfaced since her last appearance. It has to do with his client’s decision to defer her rights to opt for bail.
Her lawyer asked the court to postpone her application to next week, May 16, 2023. The request was granted after the magistrate sought clarity on the request.
Magudumana’s lawyer said he was ready to proceed with the application but after extensive consultation with his client, following new information that had not been there before, they had come to a decision not to proceed.
“I also need to place on record that accused four, because of the nature of the importance of the information, is looking to explore other avenues of ventilating her rights outside this court by way of other processes.
“The initial decision before the emergence of crucial information, we were ready but now request that her right for bail application be held in abeyance and heard in subsequent proceedings to cart out our mandate. We are not abandoning for her nights to apply for bail,” he said.
Her legal representative said Magudumana was well within her rights to withdraw her application for a later date.
“She is not abandoning her bail application but is simply exercising her right to apply for bail that exists throughout the proceedings and for that right be held in abeyance…
“I am mindful that this is an interim application and the main matter is on 16 May. Today we request that it be rolled over to the 16 May and would like to arrange that the application be allowed to next week," the lawyer said.
He added that the accused was exercising her rights to postpone her bail application.
The remaining accused, Zolile Sekeleni, Buti Masukela, Senohe Matsoara and Teboho Lipholo, remained behind and the proceedings were being held in-camera.
Magudumana and company are facing at least 16 charges, including arson, defeating the ends of justice, and violating a dead body, among a litany of charges against them.
This is about their involvement with the infamous Thabo Bester prison escape from the Mangaung Correctional Centre in May last year. It has been reported that the accused were promised at least R2.5 million to help pull off the prison break.
However, during their formal bail applications, all the accused through their legal representatives, indicated that they would be pleading not guilty and wanted to be treated as innocent until found guilty by the court.
The Star