Thabo Bester is expected to appear in the High Court in Johannesburg as he challenges charges linked to his escape and renews efforts to be moved from a KwaZulu-Natal supermax prison.
Image: Oupa Mokoena / Independent Newspapers
Convicted rapist and murderer Thabo Bester is expected to appear in the High Court in Johannesburg on Tuesday following an urgent application challenging charges related to his escape from custody.
Bester escaped from the Mangaung Correctional Centre in May 2022 after faking his death in a prison cell fire.
The escape was allegedly carried out with the assistance of celebrity doctor Nandipha Magudumana and several prison officials.
Earlier this month, the High Court in Pretoria dismissed Bester’s urgent application for the second time.
He had sought a transfer from the eBongweni Super Maximum Correctional Centre in KwaZulu-Natal to the Kgosi Mampuru Correctional Centre.
Bester was moved to the KZN facility in January by the Department of Correctional Services, pointing to security concerns.
IOL News previously reported that Bester sought to be transferred back to a prison in Gauteng after the Gauteng High Court dismissed his application.
Judge John Holland-Muter said the Department of Correctional Services had made it clear that Bester was moved from C-Max prison for security reasons, which was within its rights.
He added that none of Bester’s constitutional rights had been infringed, as claimed by his lawyer.
Lawyer Benjamin Moafrika wa Maila again argued that Bester’s transfer to eBongweni made it difficult for his legal team to consult with him ahead of his pending trial.
However, Holland-Muter said the department had indicated in its papers that consultation facilities were available at the prison.
Bester’s lawyers only needed to make arrangements, and access would be granted, the judge said.
This was also confirmed by counsel for correctional services in court on Tuesday.
Bester’s earlier urgent application to be moved back was struck from the roll last month after Judge Elizabeth Kubushi found the department had been given only one day to file opposing papers.
Bester re-enrolled the matter for Tuesday without submitting new papers. This time, the department filed opposing affidavits.
Acting head of C-Max, Ntsizi Qebengu, detailed why it was necessary to transfer Bester to KwaZulu-Natal.
Qebengu said Bester had been informed of the move shortly before his transfer and had welcomed the decision.
Maila, however, maintained that the relocation severely hampered preparations for Bester’s upcoming criminal trial in Bloemfontein. Holland-Muter noted that the trial is scheduled for the third court term, likely in July or August.
Maila said the legal team also needed to prepare for a pretrial hearing on March 18, where outstanding issues are expected to be resolved before the main trial proceeds.
The judge reiterated that consultations could take place virtually.
Maila argued that virtual consultations were difficult due to the volume of evidence, including video footage and images stored on memory devices, which needed to be reviewed in person.
In dismissing the application on both urgency and merit, Holland-Muter said modern technology made virtual consultation feasible if the legal team chose not to travel to Kokstad.
While it might be more convenient for Bester to be held in Gauteng, the transfer to Kokstad was lawful and justified on security grounds, the judge said. He added that inmates do not have to be informed in advance of transfers.
“Nothing procedurally wrong or unfair took place. His right to legal representation was not infringed,” Holland-Muter said.
He added that Bester’s history of escape justified stricter supervision in a super-maximum facility.
“I see no urgency and no merit in the application for his transfer,” he said.
simon.majadibodu@iol.co.za
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