Thabo Bester challenges transfer to KZN super-max prison

Convicted murderer and rapist Thabo Bester is expected to challenge his transfer from Kgosi Mampuru Correctional Services Centre in Pretoria to one of the country's tightest prisons, eBongweni Super Maximum Correctional Facility in Kokstad, KwaZulu-Natal.

The matter will be heard as an urgent application in the High Court in Pretoria.

Bester is seeking to have his transfer declared unlawful and overturned. 

He wants the court to order the Department of Correctional Services (DCS) to immediately move him back to a correctional facility in Gauteng.

He is also asking for an interdict preventing the department from transferring him to any facility outside Gauteng for the duration of his criminal trial in Bloemfontein, unless his legal team is first notified and provided with reasons for such a move.

Bester filed court papers last week, arguing that his detention in Kokstad has severely hampered his ability to consult with his legal representatives.

Last week, IOL News reported that according to an affidavit filed by his attorney, Courage Morero, Bester had a pending application against the department in the Bloemfontein High Court at the time of his transfer. 

That matter, which was due to be heard on February 5, relates to his conditions of incarceration at Kgosi Mampuru Prison and his alleged inability to prepare for his criminal trial while detained there.

Morero said Bester’s sudden transfer to KwaZulu-Natal has made consultation increasingly difficult. Since the move, she has only been able to speak to him twice by telephone, with each call lasting less than 10 minutes.

She said this undermines Bester’s constitutional right to prepare for his criminal trial and other ongoing litigation. 

Morero added that she is unable to consult with him in person, as he is being held 753 kilometres away from his legal team and family.

“The logistics have made it nearly impossible to meet and consult with him,” Morero said.

She warned that Bester will suffer irreparable harm if he is not urgently transferred back to Gauteng, arguing that his right to a fair trial will be compromised if he cannot adequately consult with his lawyers ahead of his Bloemfontein trial.

Before his transfer, Bester had been held at Kgosi Mampuru Prison for nearly three years following his arrest.

Morero said that on February 25, in the middle of the night and without prior notice to either her or Bester, he was transferred to the super-maximum facility in KwaZulu-Natal.

She said she only became aware of the move two days later after a family friend attempted to book a prison visit. 

Three days after the transfer, Bester phoned her to confirm his relocation and told her that he had arrived without any of his personal belongings.

While the department has administrative powers to transfer inmates, Morero argued that such powers are not unfettered and must be exercised lawfully.

The Department of Correctional Services (DCS) has previously said offender transfers are routine and based on security risk assessments to ensure the safety and stability of correctional facilities and the broader criminal justice system.

The department said Bester would continue to receive appropriate care in line with legislative and policy requirements and would retain full access to legal representation, family communication and court processes. 

It also said logistical arrangements were in place to ensure court appearances and legal proceedings continue without disruption.

Morero disputed this, saying meaningful consultation with her client is currently “virtually impossible”.

Bester allegedly escaped from Mangaung Correctional Facility in May 2022 with the assistance of Dr Nandipha Magudumana. 

He was rearrested and returned to South Africa in April 2023, where he now faces multiple charges.

His criminal trial is scheduled to begin in July.

Convicted murderer and rapist Thabo Bester is expected to challenge in court his transfer from Kgosi Mampuru Correctional Services Centre in Pretoria to one of the country's tightest prison, eBongweni Super Maximum Correctional Facility in Kokstad, KwaZulu-Natal.

The matter will be heard as an urgent application in the High Court in Pretoria.

Bester is seeking to have his transfer declared unlawful and overturned. 

He wants the court to order the Department of Correctional Services (DCS) to immediately move him back to a correctional facility in Gauteng.

He is also asking for an interdict preventing the department from transferring him to any facility outside Gauteng for the duration of his criminal trial in Bloemfontein, unless his legal team is first notified and provided with reasons for such a move.

Bester filed court papers last week, arguing that his detention in Kokstad has severely hampered his ability to consult with his legal representatives.

According to an affidavit filed by his attorney, Courage Morero, Bester had a pending application against the department in the Bloemfontein High Court at the time of his transfer.

That matter, which was due to be heard on February 5, relates to his conditions of incarceration at Kgosi Mampuru Prison and his alleged inability to prepare for his criminal trial while detained there.

Morero said Bester’s sudden transfer to KZN has made consultation increasingly difficult.

Since the move, she has only been able to speak to him twice by telephone, with each call lasting less than 10 minutes.

She said this undermines Bester’s constitutional right to prepare for his criminal trial and other ongoing litigation. 

Morero added that she is unable to consult with him in person, as he is being held 753 kilometres away from his legal team and family.

“The logistics have made it nearly impossible to meet and consult with him,” Morero said.

She warned that Bester will suffer irreparable harm if he is not urgently transferred back to Gauteng, arguing that his right to a fair trial will be compromised if he cannot adequately consult with his lawyers ahead of his Bloemfontein trial.

Before his transfer, Bester had been held at Kgosi Mampuru Prison for nearly three years following his arrest.

Morero said that on February 25, in the middle of the night and without prior notice to either her or Bester, he was transferred to the super-maximum facility in KwaZulu-Natal.

She said she only became aware of the move two days later after a family friend attempted to book a prison visit. 

Three days after the transfer, Bester phoned her to confirm his relocation and told her that he had arrived without any of his personal belongings.

While the department has administrative powers to transfer inmates, Morero argued that such powers are not unfettered and must be exercised lawfully.

The Department of Correctional Services (DCS) has previously said offender transfers are routine and based on security risk assessments to ensure the safety and stability of correctional facilities and the broader criminal justice system.

The department said Bester would continue to receive appropriate care in line with legislative and policy requirements and would retain full access to legal representation, family communication and court processes. 

It also said logistical arrangements were in place to ensure court appearances and legal proceedings continue without disruption.

Morero disputed this, saying meaningful consultation with her client is currently “virtually impossible”.

Bester allegedly escaped from Mangaung Correctional Facility in May 2022 with the assistance of Dr Nandipha Magudumana. 

He was rearrested and returned to South Africa in April 2023, where he now faces multiple charges.

His criminal trial is scheduled to begin in July.

simon.majadibodu@iol.co.za

IOL News