Thabo Bester challenges prison transfer in High Court

Convicted murderer and rapist Thabo Bester has approached the High Court in Pretoria to challenge his transfer from Kgosi Mampuru Correctional Centre to eBongweni Super-Max Prison in Kokstad, KwaZulu-Natal.

Bester wants the court to declare the decision by the Department of Correctional Services unconstitutional and invalid.
He was moved to the high-security prison after his dramatic escape from Mangaung Correctional Centre in 2022.

The escape shocked the country. A charred body was later found in his cell. Investigators later confirmed that the body was not Bester’s. He was arrested in Tanzania in April 2023 and brought back to South Africa.

Correctional Services said the transfer was necessary for security reasons. The department described eBongweni as one of the most secure prisons in the country. Officials said Bester posed a high escape risk.

In his court papers, Bester argues that the transfer violated his constitutional rights. He claims the decision was taken without proper consultation. He also says he was not given enough reasons for the move.

Bester further claims that the conditions at eBongweni are harsh and restrictive. He argues that the prison limits his access to legal representatives. He also complains about limited contact with family members.

His legal team told the court that the transfer was punitive. They argue that it is done without following correct procedures. They want the court to review and set aside the decision.

The Department of Correctional Services opposes the application. The department insists that the transfer was lawful and justified. It says Bester remains a serious security threat.

The department also argues that Bester’s escape exposed weaknesses in the prison system. It says stronger measures were required to prevent another incident.
Officials said eBongweni was selected because of its design and strict control systems.

The prison houses inmates who are considered dangerous or high risk.
Bester is serving multiple sentences for rape and murder. He was also convicted of fraud and other crimes linked to his activities before his escape.

His escape sparked national outrage. Several prison officials were arrested after the incident. Some were accused of helping him flee. Investigations into corruption and negligence are still ongoing.

The case has drawn public attention due to Bester’s history and the scale of his escape. Many South Africans have questioned how he managed to leave a maximum-security prison without being detected.

Legal experts say the case will test how far the state can go when dealing with high-risk prisoners. The court must decide whether the department acted within the law.

If Bester succeeds, the department may be forced to review its transfer policy. It could also affect how other high-profile inmates are managed.
The High Court has reserved judgment.

Correctional Services said it will respect the outcome of the court process. The department maintains that public safety remains its priority.

Bester remains in custody at eBongweni Prison while the legal challenge continues.

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