Convicted murderer and rapist Thabo Bester has suffered yet another legal setback after the Johannesburg High Court dismissed an application to overturn his incarceration status, ordering him to pay legal costs.
In March, the Pretoria High Court 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.
Bester had approached the court seeking to be reclassified as a remand detainee rather than a sentenced prisoner, arguing that his constitutional rights were being violated.
However, the court deemed his application meritless.
In its ruling, the Johannesburg High Court stated that Bester’s arguments were “misconceived” and lacked a sound legal basis, adding that his application “falls to be dismissed with costs”.
Infamous prison escape
The judgment further emphasised that there was no justification to interfere with the Department of Correctional Services’ classification of Bester, noting that “the applicant remains a sentenced offender and is lawfully detained as such”.
Bester’s legal troubles stem from his infamous escape from the Mangaung Correctional Centre in Bloemfontein in May 2022, where he faked his death in a prison cell fire before fleeing.
The case shocked the nation and exposed serious security lapses within the correctional system.
Since his re-arrest, Bester has launched multiple legal applications challenging various aspects of his detention, including his transfer to a maximum security facility and the conditions under which he is being held.
In his latest bid, he argued that he should not be treated as an escapee until a court formally finds him guilty of escaping from custody.
He also contends that his current classification prejudices his legal standing in ongoing matters.
“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 [court].”
Relief sought not granted
But the court dismissed this argument, stating that Bester’s contentions were “unsustainable in law” and that he had failed to demonstrate any violation of his constitutional rights.
“The relief sought by the applicant cannot be granted,” the court said, reinforcing the state’s position that his incarceration status remains unchanged.
This ruling marks another failed attempt by Bester to secure relief through the courts. Recently, he has also unsuccessfully challenged his prison transfer and sought urgent interventions, all of which have been dismissed.
Legal observers say the judgment reflects the courts’ firm stance against what it views as legally weak applications, particularly in high-profile cases involving serious crimes.
Bester remains in custody as he continues to face legal proceedings linked to his escape and other charges, with the latest ruling further cementing the state’s handling of his incarceration.
Also Read: Thabo Bester fights for reclassification after years in solitary
- The Johannesburg High Court dismissed Thabo Bester’s application to be reclassified from sentenced prisoner to remand detainee and ordered him to pay legal costs.
- Bester sought a transfer from eBongweni Super Maximum Correctional Centre to Kgosi Mampuru II Correctional Centre, claiming violation of his constitutional rights.
- The court rejected his arguments, describing them as "misconceived" and lacking legal merit, affirming his status as a lawfully detained sentenced offender.
- Bester’s legal challenges relate to his notorious 2022 prison escape involving a faked death, with ongoing attempts to contest his detention conditions and classification.
- The latest ruling underscores judicial reluctance to entertain legally weak claims in high-profile cases, maintaining the government's stance on Bester’s incarceration.
Convicted murderer and rapist
In March, the Pretoria High Court 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.
Bester had approached the court seeking to be reclassified as a remand detainee rather than a sentenced prisoner, arguing that his constitutional rights were being violated.
However, the court deemed his application meritless.
In its ruling, the Johannesburg High Court stated that Bester’s arguments were "misconceived" and lacked a sound legal basis, adding that his application “falls to be dismissed with costs”.
Bester’s legal troubles stem from his infamous escape from the
Since his re-arrest, Bester has launched multiple legal applications challenging various aspects of his detention, including his transfer to a maximum security facility and the conditions under which he is being held.
In his latest bid, he argued that he should not be treated as an escapee until a court formally finds him guilty of escaping from custody.
He also contends that his current classification prejudices his legal standing in ongoing matters.
“I do not enjoy the rights of an accused person.
“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 [court].”
But the court dismissed this argument, stating that Bester’s contentions were “unsustainable in law” and that he had failed to demonstrate any violation of his constitutional rights.
“
Legal observers say the judgment reflects the courts’ firm stance against what it views as legally weak applications, particularly in high-profile cases involving serious crimes.
Bester remains in custody as he continues to face legal proceedings linked to his escape and other charges, with the latest ruling further cementing the state’s handling of his incarceration.
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