Convicted rapist and murderer Thabo Bester and disgraced Dr Nandipha Magudumana have failed in their last-ditch attempt to stop commercial streaming multinational Netflix from releasing the much-anticipated documentary The Beauty and the Bester.
The pair approached the Pretoria High Court seeking an urgent interdict to halt the global release scheduled for Friday morning, 12 September.
Their lawyers argued that allowing the documentary to air would amount to “convicting their clients in the court of public opinion” ahead of their criminal trial.
But Netflix opposed the application, insisting Magudumana had been aware of the production for months and was even compensated for her participation.
Judge Elmarie Potterill struck Magudumana’s application off the roll with costs. She ruled that urgency was self-created because she failed to act when she first learnt of the film.
Self-created urgency
“Dr Magudumana knew the documentary was set to air at least two weeks before the trailer was released. The urgency was self-created by her failure to approach the courts and submit documents on time,” Potterill said.
Turning to Bester’s late application, the judge rejected his argument that the documentary would compromise his right to a fair trial.
“No judge will be influenced by a documentary,” Potterill ruled. She added that judicial officers rely only on evidence presented in court.
Series released as scheduled
The judgment was handed down just minutes before 9am, the scheduled release time. With the ruling clearing the way, Netflix dropped The Beauty and the Bester as planned.
The documentary traces Bester’s criminal empire, his daring escape from prison, and his high-profile relationship with Magudumana. A story that has gripped South Africa and now, thanks to Netflix, the world too.
This is not the first time Bester and Magudumana have attempted to block a documentary about their case. Last year, they failed to stop Showmax’s Tracking Thabo Bester. The series focused on the GroundUp investigation into Bester’s escape. The Johannesburg High Court dismissed that application, and the series aired in March 2024.
