Correctional Services Insists Thabo Bester’s Transfer to Kokstad Supermax Prison Is Lawful
Viable News Team 
The Department of Correctional Services has defended its decision to move convicted murderer and fraudster Thabo Bester to the eBongweni Supermax Prison, arguing in court papers that the transfer was lawful, justified, and carried out strictly for security reasons.
This comes as Bester returns to the Gauteng High Court, Pretoria in an attempt to have the move declared unlawful, after his previous urgent application collapsed due to procedural issues.
A Legal Battle Over a Midnight Transfer
Last month, Judge Elizabeth Kubushi struck Bester’s urgent application from the roll, ruling that the department had been given just a single day to file opposing papers. Now, with a fresh round of submissions, the matter has returned to the urgent court.
In its detailed opposition, the department insists that Bester’s relocation from C-Max to eBongweni on 5 February was not only lawful but necessary. Acting head of C-Max, Ntsizi Qebengu, outlined in court papers that Bester had been informed of the move shortly before his transportation and even welcomed the transfer packing his belongings himself.
This stands in contrast to claims made by Bester’s lawyer, Benjamin Moafrika wa Maila, who argued that the transfer was “secret” and done “in the middle of the night,” violating his client’s constitutional rights. Maila further claimed that Bester’s family only discovered the move when attempting to book a visit.
Correctional Services: “Everything Was Done By the Book”
Qebengu strongly disputes any suggestion of secrecy or irregularity. He maintains that Bester was notified, his family was informed shortly after the relocation, and all procedures aligned with the Department of Correctional Services regulations.
These regulations, he argues, explicitly allow for inmate transfers without prior notice when required for security reasons. A threat and risk assessment conducted earlier this year reportedly identified significant concerns regarding Bester’s continued placement at C-Max.
After escaping from the Mangaung Correctional Centre in 2022 allegedly with help from officials employed by G4S and later being recaptured in Tanzania in 2023, Bester had become increasingly familiar with the staff, layout, and security routines at C-Max.
According to Qebengu, this presented a serious security risk:
- Bester knew the facility’s entry and exit points.
- He was familiar with officers who might be manipulated or compromised.
- His prolonged stay created opportunities for planning another escape.
To mitigate any chance of this, the National Commissioner approved the move to KZN on 23 January.
eBongweni: The Most Secure Facility in South Africa
Qebengu noted that eBongweni Supermax Prison is the only facility in the country with more stringent security features than C-Max. As a high-risk offender, Bester meets the strict admission criteria.
The prison, known for its fortified architecture and advanced surveillance systems, houses some of South Africa’s most dangerous criminals under extreme security protocols. According to Qebengu, relocating Bester to an environment where he cannot recognise staff members or navigate the prison layout significantly reduces escape risks.
While some “sensitive security considerations” cannot be publicly disclosed, Qebengu emphasised that the move was necessary to ensure public safety.
Impact on Trial Preparation Disputed
Bester’s legal team has argued that the transfer has severely hampered his ability to prepare for his upcoming criminal trial in Bloemfontein. However, Qebengu challenged this claim, stating that many inmates at eBongweni consult with lawyers who travel long distances. He maintains that Bester’s attorneys simply need to schedule consultations at the prison as usual.
With both sides standing firm, Tuesday’s court hearing is expected to determine whether Bester remains in the Kokstad supermax facility or is returned to Gauteng.
A Case That Continues to Captivate the Public
From his dramatic 2022 escape to his globe-spanning recapture, Thabo Bester has remained one of the most closely watched figures in South Africa’s criminal justice system.
As the courts weigh the legality of his latest transfer, the case continues to raise questions about prison security, government oversight, and the extraordinary lengths required to contain one of the country’s most notorious offenders.
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