Gauteng High Court Dismisses Thabo Bester’s Bid to Be Transferred Back to Gauteng Prison
Viable News Team 
Image Credit: EWN
Image Credit: EWN/X.COM
The Gauteng High Court has dismissed an urgent application by convicted murderer and rapist Thabo Bester to be transferred from eBongweni Supermax Prison in Kokstad, KwaZulu-Natal, back to a correctional facility in Gauteng.
Delivering judgment on Tuesday, John Holland-Muter ruled that the Department of Correctional Services acted within its legal authority when it transferred Bester for security reasons. The court found no violation of Bester’s constitutional rights, rejecting arguments presented by his legal team.
Security Reasons Behind Transfer
Bester was moved from C-Max Prison in Pretoria to eBongweni Supermax Prison, a high-security facility in Kokstad. According to court papers submitted by correctional authorities, the transfer was motivated by security considerations.
In opposing the application, the department maintained that it has the discretion to determine the placement of inmates, particularly in cases involving heightened security risks. The acting head of C-Max Prison stated in affidavits that Bester had been informed of the move prior to his transfer and had initially indicated that he welcomed the decision.
The court accepted that the relocation fell within the department’s powers and did not amount to procedural unfairness.
Legal Team Raises Access Concerns
Bester’s lawyer, Benjamin Moafrika wa Maila, argued that the move to Kokstad significantly hampered preparations for his upcoming criminal trial in Bloemfontein. He contended that the geographical distance made in-person consultations difficult, especially given the volume of evidence expected to be presented by the State.
According to the defence, the case involves numerous exhibits, including video footage and photographic material stored on digital devices, which require detailed consultation between Bester and his legal team. Maila argued that transporting equipment to the Kokstad facility would be logistically challenging.
However, Judge Holland-Muter noted that eBongweni Supermax Prison provides consultation facilities and that arrangements can be made for legal visits. The court also pointed out that virtual consultations are possible, particularly in modern court processes where remote communication has become commonplace.
Urgency Rejected
This marks the second unsuccessful attempt by Bester to secure a transfer back to Gauteng. His initial urgent application was struck from the roll last month due to procedural issues after the Department of Correctional Services was afforded insufficient time to file opposing papers.
In the latest application, the department submitted comprehensive opposition documents. After considering the merits and urgency, the court found neither justified the requested relief.
The judge emphasised that Bester’s main trial has been scheduled for the third court term, expected around July or August, and that pre-trial proceedings are already in motion. He concluded that the distance between Kokstad and Gauteng does not infringe on Bester’s right to legal representation.
Court Highlights Security Risk
In his ruling, Judge Holland-Muter underscored Bester’s history, including his previous escape from custody a case that attracted widespread public attention in South Africa. The court noted that housing him in a super-maximum security facility aligns with correctional authorities’ duty to maintain safety and prevent further incidents.
The judge concluded that there was no procedural irregularity, no constitutional breach, and no urgent basis for the transfer request.
“I see no urgency and no merits why he should be transferred back,” the court ruled.
Bester remains incarcerated at eBongweni Supermax Prison as preparations continue for his upcoming criminal trial.
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