By: Natasha Archary
“Constitutional Right” to a laptop?
Thabo Bester believes he is being denied his Constitutional Right to a laptop in order for him to prepare for his trial in February.
Representing himself in court as he fought for a Judge to grant him access to a laptop and modem, the convicted rapist and murderer went into a long tirade over why he should be allowed a laptop and modem.
“Your Honour I require access to laptop or modem based on the fact that it’s the only resource that I need.
It can be in any way, it is also proven in a case in 1977 which is Bos vs Smith in the Supreme Court of America that it is a fundamental right to any imprisoned person is to access the court.
It is the responsibility of prison authorities to provide, trained, legal assistance or a library that has legal resources.
I am asking for these accesses that are not available at the current facility that I’m at.
The best fundamental option for me to be able to manage my defence is to have access to something that I would be able to present to the court and that’s what I’m asking this court to take into consideration.
I will also go into the following acts that I feel are being infringed, if I am not able to bring an application before the court.
It means that Section 9 of the Constitution is directly infringed by the respondents, which means we are not equal before law and that I am not protected and I do not benefit from the same law.
In this current stage if I am out to get hard copies your Honour, it is proven by the Correctional Officials of the United States where this order was granted that all hard copy material is fading out.”
Bester’s application to get access to a laptop was not granted as the Judge said he would need to make use of the library which has legal resources for him to find all information he requires to prepare for his trial.
Thabo Bester rolled his eyes at the Judge and called her biased for her decision, saying she had made a decision without hearing his completed application.
Bester who escaped from the Mangaung Correctional Facility in the Free State in May 2022, has on several occasions brought up being treated with the utmost disdain, disrespect and unfairness and being forced to show up in court without his luxury branded clothing.
On 24 July, Bester who hired his 6th new lawyer, Lerato Moela, bemoaned the poor prison conditions and his right for his legal representative to have access to him once again.
The Department of Correctional Services rubbished Bester’s cries over “inhumane” detention conditions since his re-arrest in April 2023.
In a statement issued on Wednesday, 31 July the DCS dispelled Bester’s assertions in his legal challenge where he claimed he was being treated with the utmost disdain, disrespect and unfairness, being forced to show up in court without his luxury branded clothing.
Bester claimed he was placed in solitary confinement and constantly being shackled, and stated that he was not being allowed access to his legal representation.
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