Convicted rapist and murderer Thabo Bester appeared in the South Gauteng High Court on Tuesday, seeking to have his detention reclassified.
Bester escaped from the Mangaung Correctional Centre in May 2022 after faking his death in a prison cell fire. His lover, celebrity doctor Nandipha Magudumana and several prison officials allegedly helped him break free.
Urgent application dismissed
Earlier this month, the North Gauteng 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 II Correctional Centre in Pretoria.
‘More time in solitary confinement than anyone since Robert Sobukwe’
The Department of Correctional Services moved Bester to the KZN facility in January, citing security concerns.
Representing himself on Tuesday, Bester claimed he has spent more time in solitary confinement than anyone since Robert Sobukwe. He questioned whether his basic rights as an accused person are being upheld.
“I do not enjoy the rights of an accused person. The issue I am going to trial for is enforced, and my constitutional rights are violated,” Bester told the court.
“I am accused of escaping, but the point is that I am already found guilty of a crime; I am supposed to defend myself in [sic].”
‘I am treated as if I am supposed to be punished’
Bester added that his treatment in prison has been harsh and punitive. “I am being moved from left to right and not given any rehabilitation. I am treated as if I am supposed to be punished,” he said, adding that labelling him as an escapee “takes away the presumption of innocence”.
He also revealed that solitary confinement has taken a severe toll on his health. “I picked up four illnesses because of solitary confinement,” he told the court.
Bester’s legal challenge focuses on whether his detention in Bloemfontein was lawful.
‘Bester had not been pardoned, he had escaped’
The state, represented by prosecutor Advocate Lebogang Madiba, opposed Bester’s application, maintaining that his incarceration is lawful and that the matter is not urgent.
“Bester says he was a free man, but he does not bring evidence. He had not been pardoned; he had escaped,” Madiba said.
The judge reserved judgment.
