Thabo Bester — the convicted rapist and murderer — has returned to court, this time to challenge what he describes as an unlawful and unconstitutional prison transfer.
Bester has approached the Johannesburg High Court, seeking an order to declare his removal from Kgosi Mampuru II Correctional Facility in Pretoria to eBongweni Super Maximum Correctional Facility in Kokstad, KwaZulu-Natal, unlawful, invalid, and unconstitutional.
Thabo Bester transfer under legal scrutiny
In his urgent application, Thabo Bester argues that the decision to move him hundreds of kilometres away from Gauteng has significantly affected his access to legal counsel and preparation for his ongoing criminal proceedings.
Bester is asking the court for:
- An immediate transfer back to Gauteng (not necessarily to Kgosi Mampuru II Correctional Facility), and
- An order interdicting the Department of Correctional Services from returning him to eBongweni Super Maximum Correctional Facility for the duration of his trial.
According to court papers, Bester maintains that the super-maximum facility’s strict conditions — including limited contact with his legal team — place him at a disadvantage and infringe on his constitutional right to a fair trial.
Second high-profile detainee moved to Kokstad
Thabo Bester is the second high-profile accused recently transferred from Kgosi Mampuru II to the Kokstad super-max prison.
Just last week, legal representatives for Vusimuzi Matlala (also known as “Cat” Matlala) told the Johannesburg High Court that his relocation to eBongweni is similarly hampering their ability to properly prepare his defence. His lawyers argued that the distance and restrictive regime at the facility are creating serious logistical and constitutional concerns.
These developments have sparked wider debate around the Department of Correctional Services’ use of remote super-maximum facilities for awaiting-trial detainees, particularly in complex, high-profile cases where ongoing access to attorneys is critical.
What happens next for Thabo Bester?
The application brought by Thabo Bester is scheduled to be heard next Tuesday, where the court will consider whether his transfer meets legal and constitutional standards. A ruling in his favour could set an important precedent on how and when correctional authorities may relocate accused persons during active court proceedings.
As the case unfolds, all eyes remain on the Johannesburg High Court, with Thabo Bester once again at the centre of a closely watched legal battle — this time over prisoners’ rights, access to justice, and the limits of correctional authority.
Source – EWN
