Convicted rapist and murderer Thabo Bester returned to the Johannesburg High Court on Tuesday as he continued his fight against his transfer from Pretoria’s Kgosi Mampuru Correctional Centre to the eBongweni Super Maximum Correctional Centre in Kokstad, KwaZulu-Natal. The latest appearance forms part of a wider legal battle playing out ahead of further court proceedings linked to his 2022 prison escape case.

Bester was moved to the Kokstad facility in February after spending close to three years at Kgosi Mampuru. His legal team argues that the transfer has made it harder for them to prepare for court, especially because they need to consult with him in person on evidence expected to feature in upcoming proceedings.

Why His Lawyers Object

In court, Bester’s lawyer argued that the move to eBongweni has affected his client’s ability to prepare properly and infringed on his constitutional rights. The defence has said the distance between Gauteng and Kokstad has complicated consultations ahead of pre-trial processes and the main criminal trial.

The court previously heard that the legal team wants to go through exhibits including video clips, pictures and other material with Bester in person. They argued that virtual consultations are not always practical when dealing with large volumes of evidence.

Court Already Rejected Earlier Bid

This is not Bester’s first attempt to reverse the transfer. An earlier urgent application was struck off the roll last month. He then returned to court, but the Gauteng High Court again refused to order his move back to Gauteng. Judge John Holland-Muter found that the Department of Correctional Services acted within its powers and said Bester’s rights had not been violated.

The judge also accepted the department’s argument that eBongweni has consultation facilities and that arrangements can be made for legal visits. He said Bester was moved for security reasons, noting his history of escaping from custody.

Escape Case Still Hangs Over Him

Bester is one of several accused in the high-profile Mangaung prison escape matter. Authorities allege he faked his death in a cell fire in May 2022 and escaped with help from his partner, Dr Nandipha Magudumana, prison officials and other alleged accomplices. He and Magudumana were arrested in Tanzania in April 2023 and returned to South Africa.