Thabo Bester Slapped With Legal Costs After Judge Dismisses His Bid To Escape Sentenced Status
Convicted murderer and rapist Thabo Bester has been handed a crushing legal defeat, with the Johannesburg High Court not only tossing out his latest application but ordering him to pay the costs. The disgraced “Facebook Rapist” attempted to argue that his continued incarceration as a sentenced prisoner was unlawful, demanding to be reclassified as a remand detainee. In a scathing judgment delivered on 30 March 2026, Judge WJ du Plessis found the application had no merit and dismissed it with costs.
Bester, who is serving a life sentence for the brutal rape and murder of Nomfundo Tyhulu in 2012, orchestrated a dramatic escape from the Mangaung Correctional Facility in 2022. He was recaptured in Tanzania in April 2023 and returned to South African custody. His latest legal bid centred on claims that his rights were being violated by his classification as a sentenced offender.
‘No Merit’: Judge Slams Bester’s Arguments
Judge du Plessis was scathing in his assessment of Bester’s legal challenge, making it clear from the outset that the convicted killer’s arguments held no water. The court found that Bester’s central argument—that he should be presumed innocent of the escape charges and therefore treated as a remand detainee—was fundamentally flawed.
“His 2012 sentences remain, for the reasons set out above. An acquittal on the escape charges does not extinguish those sentences.”
The judge further emphasised that Bester’s request to be placed “as a free man” in the position he was in before his escape was simply not possible under the law. The court noted that Bester had been aware of his classification since his return from Tanzania in April 2023, yet had delayed approaching the court for nearly three years without adequate explanation.
Costs Order Delivers Additional Blow
Perhaps the most damaging aspect of the ruling for Bester was the decision to award costs against him. While the court acknowledged the Biowatch principle, which typically shields unsuccessful litigants from costs in constitutional matters, Judge du Plessis found this was not a genuine constitutional challenge.
“This application does not fall within that rationale. It is not a genuine constitutional challenge brought in the public interest to vindicate rights of broader significance. It is private litigation, framed in constitutional language, and brought by a sentenced offender convicted by a court of law on numerous charges, including murder.”
The judge added that the Biowatch principle “was not intended to shield such litigation from the usual costs orders in unsuccessful cases.” The costs order means Bester will now be liable for the State’s legal expenses, a significant financial blow estimated to run into tens of thousands of rands (US$ thousands).
The court also rejected Bester’s urgency argument, noting that he had caused the matter to be removed from the court roll in November 2025 and allowed more than three months to pass before pursuing it again. The application was heard on 24 March 2026, with judgment delivered six days later on 30 March.
According to the [SABC News], Bester appeared in person for the proceedings, while the State was represented by LJS Madiba from the State Attorney’s office.