Convicted murderer and rapist Thabo Bester is contesting his status as an escapee, maintaining that he was lawfully released from prison in 2022.
Bester appeared in the Gauteng High Court in Johannesburg on Tuesday, 24 March 2026, bringing an urgent application to challenge the warrants of sentence that authorise his continued detention.
He is facing multiple charges tied to his escape from Mangaung Correctional Centre in Bloemfontein in May 2022, where he staged his death in a prison cell fire.
The body of Katlego Bereng was later found in the cell.
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His criminal trial is scheduled to take place in the Free State High Court between 20 July and 18 September 2026.
After fleeing South Africa, Bester was arrested in Tanzania in April 2023 alongside his former partner, Nandipha Magudumana, and deported back to the country.
At the time of the escape, he was serving a life sentence for rape and the murder of his girlfriend, Nomfundo Tyhulu, in 2011.
Thabo Bester challenges sentence warrants
Central to Bester’s argument is the legal validity of the warrants of sentence issued against him.
He maintained that his rights were being infringed upon, as the courts have not yet determined whether his “release” from Mangaung Correctional Centre was lawful.
Bester accused the Department of Correctional Services (DCS) of disregarding his constitutional rights on the basis of his conviction.
“So, basically, what they’re arguing is that because I am convicted of rape and murder – which is being challenged in a different court – they feel that I have no rights, that I cannot defend myself in this manner, and that the warrants are absolute.
READ MORE: Thabo Bester claims his escape is just an ‘allegation’ in another court rant
“There is no warrant in the world that is absolute. A warrant may be amended in terms of the Correctional Services Act, through executive power, or by way of an application to the court,” Bester said on Tuesday.
He argued that no court had confirmed that the warrants were violated when he was returned to South Africa.
“The criminal court can come to an understanding that there was executive power that released me and that executive power then makes the warrants no longer valid.”
Constitutional rights
Bester told the court he is already being treated as guilty of escaping, despite the issue not yet being decided in court.
He further contended that this classification undermines his ability to receive a fair trial, claiming he is being treated as a sentenced prisoner rather than an accused person.
The convicted offender added that the prison escape trial is effectively “moot”, as he will continue serving a sentence irrespective of the outcome.
“It basically puts the judiciary itself in a position where the proceedings are not relevant to the current status that I am in because of the fact that my constitutional rights are violated by the respondents.”
‘Not a typical escape’
Bester also accused the correctional services department of acting beyond its role.
“They are basically opening a charge as a complainant, they are taking a decision as a judge and then they are also executing it.”
Bester maintained there is “overwhelming evidence” that he did not escape.
“The escape is not a typical escape where a person broke out of a wall and jumped, it’s a situation where somebody has been out for a very long time and then they decide that this person escaped.”
He insisted he was not responsible for the circumstances surrounding the staged death, reiterating his claim that his “release” was lawful.
“Whatever they allege with bodies and whatever, that has nothing to do with me.”
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Bester cited the 2021 release of former president Jacob Zuma on medical parole, which was later ruled unlawful after former correctional services national commissioner Arthur Fraser overruled the medical board’s recommendation.
“The Constitutional Court found that the respondents released the person unlawfully, but there was executive power and authority used, meaning that the person serving was not at fault.”
Bester further alleged that he has been held in solitary confinement for three years due to being classified as a high-profile inmate linked to an “alleged escape”.
“The point is that why am I going to a criminal trial where I am already guilty of a crime where I am supposed to defend myself.”
State pushes back
The Department of Correctional Services opposed the urgent application, arguing that Bester’s detention remains legally valid.
“It was lawful then, it is lawful now and continues to be lawful,” the department’s lawyer told the court.
He emphasised that the warrants committing Bester to prison have not been legally set aside.
“It is a warrant that cannot be ignored,” the lawyer said.
READ MORE: Thabo Bester’s bid to be moved back to Gauteng prison struck off the roll
The state also argued that the application lacks urgency, highlighting that Bester waited years after his arrest to approach the court.
“He only decided to do that when it suits him, when there is a looming trial in November or December of last year.
“Now, that approach is impermissible. It means he is a man who has been sitting on his laurels for three years. He is a man who creates his own urgency.”
The court has reserved judgment.
Prison transfer
Earlier this month, Bester’s attempt to challenge his transfer to eBongweni Correctional Centre in Kokstad, KwaZulu-Natal (KZN), was dismissed.
The court ruled on 3 March that there were no grounds to move him back to Kgosi Mampuru II Correctional Centre in Pretoria, where he had been held in the C-Max high-security section.
A similar application had already been struck from the roll in February.
His transfer in January followed a threat and risk assessment conducted by correctional authorities.
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