Thebo Bester appeared in the Free State High Court on Friday. (Becker Semela)
Thabo Bester, convicted murderer and rapist, has submitted yet another urgent court application in as many months.
In his latest application, which was heard in the Johannesburg High Court on Tuesday, Bester said, among other things, that the Department of Correctional Services (DKD) must prove that he did escape from custody.
After his initial convictions, Bester was also charged with having escaped from Mangaung Prison in Bloemfontein in May 2022. Nandipha Magudumana, his former girlfriend with whom he ran several scam companies, and six others are accused of helping him.
Bester represented himself in court on Tuesday in his urgent application to be reclassified as an ordinary prisoner instead of a sentenced prisoner. He was dressed in a stylish black suit and shirt with Louis Vuitton emblems. Along with this, Bester wore a modern bright yellow spectacle frame.
He insisted that he is innocent until proven guilty, and because he is already considered “guilty”, he is not given the right to a fair trial.
“The crux of my case is that I am not treated as an ordinary prisoner. I am brought to court with all the additional security guards because I supposedly escaped… I am not violent… in the 15 years they (DKD) claim I was in custody, there was no case against me. The time I was outside, I did not approach anyone,” argued Bester.
According to Bester, he has already been found guilty of escaping in prison, although he has not yet been tried in court on these charges.
“That trial has yet to be completed in Bloemfontein (‘s High Court); it may take another 10 years and until then I will not be treated like an ordinary prisoner. By the time my trial begins, I may not even be fit to stand trial anymore,” argued Bester.
According to Thabo Bester, next to the deceased anti-apartheid activist and founding member of the PAC, Robert Sobukwe, he is the only prisoner who has been placed in solitary confinement for an extremely long time.. (Photo: Isabel Venter/Maroela Media)
“I was convicted on a charge. So, the challenge I have is that I just want a fair trial. I want access to my court records and notes to prepare. But I’ve been in solitary confinement for a very long time now and the only people I talk to is when I get to court.”
According to Bester, next to the deceased anti-apartheid activist and founding member of the PAC, Robert Sobukwe, he is the only prisoner who has been placed in solitary confinement for an extremely long time.
The state opposed Bester’s application, saying it was not urgent. Bester was also not a “free man” as he claims, but in fact escaped and he did not present any evidence to the contrary before the court, argued the state.
Judgment is reserved.
Bester has filed at least six applications since escaping in 2022. He defended himself in most of these applications and the applications were refused by the court each time.
In his most recent application, Bester approached the Pretoria High Court in February to be transferred to Kgoši Mampuru II prison in Pretoria.
Bester was transferred to eBongweni prison in Kokstad, KwaZulu-Natal on 25 January.
The Department of Correctional Services said shortly after that the move was a “routine step” that was “determined by established security risk assessments to ensure the safety and stability of correctional facilities and the broader criminal justice system.”
His application was dismissed due to a lack of urgency and finally refused at the beginning of March.