The Department of Correctional Services (DCS) has dismissed allegations by convicted murderer and rapist Thabo Bester that he is being kept in solitary confinement for 23 hours per day and allowed only one hour of exercise.
DCS spokesperson Singabakho Nxumalo said the department has treated Bester with human dignity since he was admitted to Kgosi Mampuru II Correctional Facility in Pretoria.
Bester has complained that he has been receiving unfair treatment at the hands of the DCS. He said this during his appearance on Wednesday at the Bloemfontein High Court. The case is in relation to his prison escape.
Bester is a flight risk
“In May 2022, inmate Thabo Bester escaped from the Mangaung Correctional Centre. The escape was elaborately planned and well executed. On 3 June 2024, in a pre-trial conference, Thabo Bester requested to address the court. This was… following the withdrawal of his then legal representatives from record. In that address, Bester essentially admitted that he had escaped from custody. He went on to tell the court about other details pertaining to the case. This was also live on television.
“As DCS, it is clear that we are dealing with an inmate capable of engineering elaborate means to escape from lawful custody. Hence, we are duty-bound to employ strict security measures within the confines of the law. This in order to prevent any chance of him escaping once again… It is incorrect and fallacious for Thabo Bester to say he is being kept in solitary confinement for 23 hours per day and only allowed one hour of exercise. C-Max, at Kgoši Mampuru is a high-security facility.
Single cell, not solitary confinement
“It comprises only of single cells. Hence, all inmates in the facility do not share a cell. Therefore, the impression created by Thabo Bester that he is in a single cell, as a form of solitary confinement, is, with respect, disingenuous.
“Thabo Bester gets an opportunity to exercise for an hour every day. That is the minimum time of exercise permitted by Section 11 of the Correctional Services Act. The exercise always takes place in open air unless the weather does not permit … Equally, Thabo Bester’s assertion that he is segregated is not correct. The facility comprises only single cells,” said Nxumalo.
Nxumalo said deemed Bester’s other demands unreasonable. This as Bester asked for “an in-person or physical legal consultations” of not less than seven hours on prior arrangements and to allow him to use a laptop or tablet or any suitable gadget.
“He complains about a consultation using wall steel telephone whilst separated by a glass with his legal representatives is not meaningful.
Request for gadgets unreasonable, not practical
“Thabo Bester suggests that he should be afforded an opportunity to consult with his legal representatives in a specific office at the centre. With respect, there is no merit in Thabo Bester’s request. Thabo Bester’s legal representatives can communicate with him during the consultation and take down the necessary notes. A consultation with his legal representatives from 9am – 4pm on a daily basis is neither reasonable nor practical.
“Kgoši Mampuru houses hundreds of inmates who also need to use the consultation
rooms.“
He said Bester’s request to access electronic gadgets, or equipment, cannot be accepted. This is because that request will pose a security risk to the centre. And it might enable him to orchestrate another escape.
Trial postponed
“The use of hand and leg cuffs on Bester is justified under section 31 of the Correctional Services Act. Before his incarceration at Kgoši Mampuru, Bester had escaped from a maximum-security prison. Without a doubt, the department is justified in having an apprehension that Thabo Bester might attempt to escape again. Bester’s assertion that he is always handcuffed when being transported between the centre and court is false. During such transportation, only the legs are cuffed. For security reasons, it is necessary for the legs to be cuffed when not in his cell,” said Nxumalo.
The Bloemfontein High Court postponed the pre-trial hearing of Bester’s prison escape case to February 10, 2025.
