Thabo Bester’s Six Legal Battles Threaten to Delay His 2026 Trial
Convicted murderer and rapist Thabo Bester is fighting a series of legal battles that could derail the timetable for his long-awaited escape trial, currently scheduled to begin in July 2026. With six separate court applications underway across multiple jurisdictions, the man once dubbed the “Facebook Rapist” is insisting that his constitutional rights are being violated while he remains behind bars.
Bester’s current legal wrangling stems from his dramatic May 2022 escape from the Mangaung Correctional Centre, during which he allegedly faked his own death with the help of his partner, Dr Nandipha Magudumana. The pair fled South Africa and were captured in Tanzania in April 2023 before being deported back to the country to face charges.
The complex web of applications now underway could delay the main trial, set down for 20 July to 18 September 2026 in the Free State High Court in Bloemfontein. Prosecutors have indicated that the start date is dependent on these separate matters being resolved beforehand.
On Friday, Bester’s advocate, Moafrika Wa Maila, laid out the full list of issues before various courts. The applications span the Gauteng High Court in Pretoria, the Johannesburg High Court and the Free State High Court, with additional matters before the Supreme Court of Appeal and the Constitutional Court brought by both Bester and Magudumana.
Among his demands, Bester is seeking the unfreezing of what he describes as a “huge amount of money” in his bank accounts. He insists that the funds are needed to pay for legal representation and other associated costs. He is also demanding the return of several personal items — including laptops, mobile phones and items confiscated during his deportation from Tanzania.
Maila told the court that Bester’s legal team had attempted to engage with the State about these possessions, adding:
“We have engaged the state, and it is not forthcoming.”
According to Bester, the National Prosecuting Authority has misplaced some of his electronic devices, leaving him without access to the laptop he says he needs to prepare for trial. Prosecutor Amanda Bester — who is not related to the accused — responded to these allegations by saying the defence “was not properly informed”. She explained that a previous theft case opened in Pretoria regarding missing items had been declined for prosecution, meaning further clarity was needed to establish whether the same items were being referred to.
In addition to his complaints over property and funding, Bester insists he is being denied the ability to consult properly with his legal team while held at Kgosi Mampuru II Correctional Centre. His next application, scheduled for hearing in January 2026, will challenge what he describes as inadequate telephone access and poor conditions that hinder his preparation for trial.
He further claims that prison officials have violated his right to be presumed innocent by classifying him as a sentenced prisoner rather than an awaiting-trial detainee. This is despite the fact that he is already serving a life sentence for rape and murder, convictions handed down in 2012.
On Friday, he indicated that more filings were coming. He plans to apply for permission to receive food during his court appearances, to be moved out of the sentenced-prisoner section, and to gain access to unspecified phone records belonging to certain politicians. He did not clarify how these records would contribute to his defence or relate to the upcoming escape trial.
Meanwhile, his co-accused Magudumana has taken her fight to the Constitutional Court. She wants her deportation from Tanzania — and her subsequent arrest — to be declared unlawful. Her appearance in court on Friday was delayed after a logistical error. State advocate Amanda Bester told the judge that the male investigating officer had forgotten that a female officer was required to sign out a female inmate.
Magudumana and Bester are charged alongside Senohe Matsoara, Zolile Sekeleni, Teboho Liphoko, Buti Masukela, Tieho Makhotsa, Zanda Moyo and Joel Makhetha. They face charges of fraud, defeating the ends of justice, arson, and assisting an inmate to escape.
The State remains sceptical about Bester’s prospects of success in the numerous cases he has launched. Advocate Amanda Bester said the courts were unlikely to accept his argument that he should be reclassified as an awaiting-trial inmate.
“According to my knowledge, they want him to be classified as a trial-awaiting person and not a sentenced, whereas he is a sentenced person. So I don’t think that’s going to go any further,” she said.
With eight other accused waiting for the long-running matter to proceed, the State has warned that Bester’s actions could further postpone justice. The Free State High Court postponed the escape-related case to 18 March 2026 for an update on all outstanding applications.
At present, Bester has not pleaded to any of the charges against him, largely because of the ongoing court battles launched by him and Magudumana. Every unresolved matter inches the highly anticipated 2026 trial closer to uncertainty.
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