Johannesburg – Convicted murderer and rapist Thabo Bester, who infamously escaped from Mangaung prison in 2023, is now demanding improved prison conditions, arguing that his current treatment is unconstitutional and violates his right to a fair trial. Bester is seeking to compel the Department of Correctional Services to relax his prison conditions, specifically to allow contact visits with his family and legal representatives.
Bester is scheduled to appear in the Bloemfontein High Court on 5 December alongside his alleged girlfriend, Nandipha Magudumana, and other co-accused, including Magudumana’s father, Zolile Sekeleni, and 11 G4S employees, following his audacious escape from the Mangaung Correctional Centre last year.
In his court application, filed at the Johannesburg High Court on 1 November, Bester claims that the Department of Correctional Services has made it impossible for him to function normally and prepare for his upcoming trial. He argues that his current solitary confinement at the Kgosi Mampuru II Correctional Centre is unconstitutional and that he should be treated as a person awaiting trial rather than as a sentenced prisoner.
If successful in his court bid, Bester would be eligible for contact visits from family and his lawyers during visiting hours on weekdays.
His court papers state: "The current status and classification of my incarceration as a sentenced prisoner is unconstitutional. The [department of correctional services] should be directed to immediately cease my solitary confinement or segregation and reintegrate me into conditions consistent with humane and constitutional standards, together with other remanded accused persons who are awaiting trial."
Bester is also requesting the court to order his return to Mangaung prison should he be found not guilty after the trial. "I pause to mention that due to the reversal of the burden of proof, it is clear that if I am acquitted of the escape and related charges, I will not be released from custody, even though it is clear that, if I am acquitted, that would mean I did not violate my sentence and I did not commit any criminal or unlawful acts," his papers read.
He further argues that the court should consider him innocent until proven guilty, making him eligible to remain with other inmates awaiting trial. "I submit further that the conduct of the [department of correctional services] is inconsistent with the Constitution and is invalid, as I have the right to be presumed innocent, to remain silent and not to testify during the criminal proceedings," Bester states in his court papers.
Notably, Bester denies having escaped from prison, stating that his arrest in April 2023 was unlawful. "I respectfully submit that the [department of correctional services], together with the National Prosecuting Authority, never respected my rights as an accused person by law in terms of the charges being levelled against me and for which I was arrested," the papers read.
In September, Bester and Magudumana failed to convince the Pretoria High Court that the release of the Netflix documentary Beauty and the Bester would prejudice their prospects of a fair trial. Judge Sulet Potterill ruled that both Bester’s and Magudumana’s urgent interdict applications failed to demonstrate material aspects showing that the documentary violates their constitutional rights.
However, Bester’s lawyer, Moafrika Wa Maila, pleaded with the court that his client’s constitutional rights must not be overlooked for commercial interests.
Department of Justice and Constitutional Development spokesperson Terrence Manase stated that they had not received any correspondence about the matter. "At this stage, the department of justice and constitutional development has not received any correspondence regarding this matter, which may still be en route. May we also encourage you to contact the department of correctional services, which is best placed to provide a comprehensive response on the conditions of inmates," he said.
Department of Correctional Services spokesperson Singabakho Nxumalo said the department had not yet been served with the documents. "Our legal services is not aware of such motion application. They will continue to check though, if such was filed without the department being informed," he said.
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