Thabo Bester, a convicted murderer and serial rapist, has taken his fight for improved prison conditions to South Africa’s highest judicial authority, the ConCourt. This move comes after the Free State High Court in Bloemfontein dismissed his initial plea.
Bester’s legal team argues that the High Court’s decision was flawed and exceeded its authority. This article delves into the details of his appeal, his daring escape from prison, and the ongoing legal saga surrounding his case.
Thabo Bester’s Appeal to the ConCourt
Bester, represented by his defence attorney Lerato Moela, filed an application with the Constitutional Court seeking leave to appeal the Free State High Court’s ruling. The application highlights several grievances, including the alleged poor conditions of his incarceration. Bester’s legal team contends that the High Court misjudged the core issues of the case, leading to an unjust outcome.
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In his affidavit, Bester emphasized that the High Court’s decision was inconsistent with the constitutional rights afforded to prisoners. He argued that the court failed to adequately address his concerns about his living conditions, which he claims are inhumane and violate his basic human rights. Additionally, Bester requested access to a laptop to prepare for his upcoming trial, a request that was previously denied.
The High Court had ruled in February 2025 that Bester’s objections to the jurisdiction of the civil court were unfounded. However, Bester’s legal team is now challenging this decision, asserting that the matter should have been addressed in a criminal court during pre-trial proceedings rather than in a civil court.
Thabo Bester’s Crimes And Famous Escape
Bester’s case gained notoriety following his audacious escape from Mangaung Prison in April 2023. The escape was meticulously planned and executed with the help of his lover, Dr. Nandipha Magudumana. According to Joseph Monyante, the prison’s centre director, Bester’s escape plan began to unfold on April 30, 2022, when he requested to be moved from a communal cell to a single cell, citing safety concerns.
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Two days after his transfer, a fire broke out in the early hours of May 3, 2022. The fire was quickly extinguished by prison staff, and a nurse from Faranani Health Services arrived shortly afterward. A Department of Correctional Services (DCS) controller and a doctor also arrived to assess the situation. The doctor examined a burnt body found in the cell and declared the prisoner dead.
However, it was later discovered that the body was not Bester’s but that of Katlego Bereng, a man whose identity was used as a decoy to facilitate Bester’s escape. Bester and Magudumana fled the country but were eventually apprehended in Tanzania and extradited back to South Africa to face justice.