Courts & Legal
Thabo Bester challenges move to KZN super-max prison ahead of trial
Urgent court battle looms over high-security transfer
The long-running legal saga around Thabo Bester has taken another sharp turn, this time centred on where he is being held behind bars.
The convicted murderer and rapist is preparing to challenge his recent transfer from the Kgosi Mampuru Correctional Services Centre in Pretoria to the highly secured eBongweni Super Maximum Correctional Facility in Kokstad, KwaZulu-Natal. The dispute is expected to be heard as an urgent application in the High Court in Pretoria.
At the heart of the case is Bester’s bid to have the move declared unlawful. He is asking the court to order the Department of Correctional Services to return him to a correctional facility in Gauteng. He is also seeking an order that would prevent officials from moving him outside the province during the course of his criminal trial in Bloemfontein, unless his legal team is informed beforehand and given reasons.
Legal team says distance is crippling preparation
According to court papers filed last week, Bester argues that being held in Kokstad has made it extremely difficult for him to consult properly with his lawyers.
His attorney, Courage Morero, states that since the transfer, she has only managed to speak to him twice by phone, with each call lasting under ten minutes. She maintains that meaningful consultation is now almost impossible because he is being held about 753 kilometres away from both his legal representatives and his family.
Morero argues that this situation threatens his constitutional right to prepare for trial and to participate fully in ongoing legal proceedings. She has warned that if the situation is not urgently corrected, his ability to receive a fair trial could be compromised.
The legal team also points out that Bester had another pending court application in the Bloemfontein High Court at the time of his transfer. That matter relates to his conditions of incarceration at Kgosi Mampuru and his earlier claims that detention conditions were already affecting his trial preparation.
Transfer carried out without prior notice
Morero says the move to the super maximum facility happened in the middle of the night on February 25, without prior notice to either her or her client. She only became aware of the relocation two days later when a family friend tried to arrange a prison visit.
Three days after the transfer, Bester reportedly phoned to confirm that he had been moved and said he arrived without his personal belongings.
While the Department of Correctional Services has the authority to transfer inmates, Morero argues those powers must still be exercised lawfully and with regard to the rights of the accused.
Department says transfers are routine
Correctional Services has previously stated that inmate transfers are standard administrative processes guided by security risk assessments. The department maintains that such decisions are made to protect the stability of facilities and the broader justice system.
Officials have also indicated that Bester continues to receive care in line with policy and still has access to legal representation, family communication, and court proceedings. They say logistical arrangements are in place to ensure that court appearances and legal processes continue without disruption.
His legal team disputes this, insisting that proper consultation under current conditions is virtually impossible.
A case still under intense public scrutiny
Bester has remained one of the most closely watched figures in South Africa’s criminal justice system since his dramatic escape from Mangaung Correctional Facility in May 2022, allegedly with the assistance of Dr Nandipha Magudumana. He was rearrested and brought back to South Africa in April 2023 and now faces multiple charges.
With his criminal trial scheduled to begin in July, the question of where he is held could play a critical role in how the case unfolds.
Public reaction online has once again been divided. Some South Africans argue that high-security detention is justified given the history of escape, while others say even the most notorious accused must still be able to prepare properly for trial.
As the urgent court application heads to the Pretoria High Court, the outcome may shape not only Bester’s immediate circumstances but also how correctional authorities balance security decisions with the legal rights of high-profile inmates.
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Source: IOL
Featured Image: Mercury
