WATCH: Bester tells court he was ‘lawfully released’, denies escape

by Staff Bona

Convicted rapist and murderer Thabo Bester has escalated his legal battle, insisting in the Johannesburg High Court on Tuesday that he was lawfully released in 2022 and is being unfairly treated as an escapee before any court ruling.

Also see: ‘I deserve better’ – Thabo Bester battles for luxury behind bars

Bester argues he did not escape from custody, despite authorities alleging he faked his death with help from Nandipha Magudumana and others.

“Since my incarceration in 2023, they’ve classified me as a high-profile and kept me in solitary confinement for the past three years,” he said.

He added: “And the reason, if you look at it, it’s an alleged escape. There’s no other factor.  There’s no violation of prison rules, found with contraband, or any other issue. It’s just the fact that I am accused of escaping.

“But that accusation has been implemented already by correctional services.”

Also see: Thabo Bester transferred to eBongweni Super Maximum Prison

He claims his detention conditions and transfer to a KwaZulu-Natal supermax prison violate his constitutional rights and limit his ability to prepare a proper defence.

Watch below (courtesy of SABC News) 

In his latest court appearance, where he represented himself, Bester said the state must first prove he escaped, questioning the validity of the warrant used to detain him and whether he is being unlawfully held. He also argued that being treated as a convicted escapee undermines his presumption of innocence.

“The question the court is to answer is – do they not infringe my rights by titling and treating me as an escapee before findings in a criminal court? That is all we are asking. We are not asking the court to set aside the warrant. With all respect, they say there is a warrant, but how does this court know that the warrant is valid and what makes a warrant valid and not valid? Is it a criminal court to determine, or would they have to bring evidence to determine that there is no parole, no presidential pardon? There is nothing in the executive power that excludes that said that this sentence has ended, and Bester should be released.”

He is seeking to be reclassified as a remand detainee to improve access to legal resources, but the High Court has reserved judgment on this application.

Meanwhile, the High Court in Pretoria has already dismissed his bid for transfer, with Judge John Holland-Muter ruling that his relocation was lawful, justified on security grounds, and did not violate his rights.

Compiled by Betha Madhomu 

First published on African Insider 

Also see: Scepticism shadows Pearl Thusi’s recollection of Thabo Bester encounter  

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