BLOEMFONTEIN, SOUTH AFRICA – SEPTEMBER 19: Convicted rapist and murderer Thabo Bester appear at Free State High Court for pre-trial hearing on September 19, 2025 in Bloemfontein, South Africa. The suspects face charges of fraud, corruption, aiding an escape, violating a corpse, and defeating the ends of justice. (Photo by Gallo Images/Volksblad/Mlungisi Louw)
Convicted murderer and rapist Thabo Bester is set to approach the Pretoria High Court on Tuesday, 10 February, with an urgent application challenging his transfer from Kgosi Mampuru Correctional Centre in Pretoria to the eBongweni Super Maximum Correctional Facility in KwaZulu-Natal.
Bester argues that the move is unlawful, unconstitutional and undermines his ability to prepare for his ongoing escape trial in the Free State High Court in Bloemfontein, where he is the seventh accused.
Urgent court bid over prison transfer
According to court papers lodged last month, Bester is seeking an order compelling the Department of Correctional Services (DCS) to immediately transfer him to a correctional facility in Gauteng.
His legal team contends that they were not informed of the decision to move him and that his detention at eBongweni, near Kokstad, makes it difficult for him to consult properly with his lawyers, who are based in Gauteng.
Bester’s lawyers argue that he should be held at any prison in Gauteng for the duration of his current trial, insisting that his transfer has compromised his fair trial rights.
DCS defends transfer decision
The DCS confirmed Bester’s transfer on Friday, 30 January, describing offender transfers as routine.
“Offender transfers are a routine practice, guided by established security risk assessments to ensure the safety, security and stability of correctional facilities and the broader criminal justice system,” the department said.
The department also insisted that Bester would continue to receive appropriate care and retain access to his lawyers, family communication and court processes.
“All necessary logistical arrangements remain in place to ensure that court appearances and legal proceedings proceed without disruption,” the DCS said.
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‘I have not been convicted of escape’
During a virtual appearance in the Free State High Court on 5 February, Bester strongly disputed the classification that led to his placement at a super-maximum facility.
“I have not been convicted of an escape. I can’t be classified as high risk on an allegation. Section 35 is very clear. Everybody’s innocent until proven guilty,” Bester told the court.
He said correctional services could not point to any misconduct during his incarceration to justify his transfer.
“In my conduct with the file that correctional services sits with for 13 years, I have not even been found with one infringement,” he said.
Bester further claimed that his transfer was driven by his profile rather than legitimate security concerns.
“I have done nothing. The only problem here is the proceedings before the criminal trial, and that is the reason they have raised this issue,” he said.
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Allegations of procedural unfairness
In his legal papers, Bester anticipates that DCS will rely on operational necessity, space management and security considerations to justify the transfer, but he describes these reasons as “vague”.
He argues that he was not informed before or after the move, rendering the decision irrational and procedurally unfair.
“Even where legitimate security concerns exist, which I submit they do not, they do not trump constitutional rights without justification, proportionality and procedural fairness,” Bester states.
He also argues that any correctional facility in Gauteng could have addressed the department’s concerns without infringing his fair trial rights.
Multiple legal challenges ongoing
The prison transfer case is one of several applications Bester has launched in various courts.
He is also challenging his deportation from Tanzania, seeking access to classified information for his defence and disputing consultation arrangements with his legal team.
His lawyer, MoAfrika Wa Maila, has previously said some of the documents they seek are in the possession of the president and other state authorities, warning that without access to the information, preparing Bester’s defence would be “terribly difficult”.
NOW READ: Thabo Bester files another legal challenge against the state
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