Thabo Bester files another legal challenge against the state

Convicted murderer and “Facebook rapist” Thabo Bester has filed another legal challenge in the Pretoria High Court, this time against his transfer to the eBongweni Super Maximum Correctional Facility.

The Department of Correctional Services (DCS) confirmed Bester’s transfer on Friday last week, saying, “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 Bester would continue to receive “appropriate care” and retain full access to legal representation, family communication and court processes.

“All necessary logistical arrangements remain in place to ensure that court appearances and legal proceedings proceed without disruption,” said the department.

Bester’s arguments

In his legal papers, Bester states that he anticipates the department will justify his transfer on the grounds of operational necessity, space management, and security considerations. However, Bester says these reasons are “vague”.

He says that the department did not inform him of the decision to move him before or after the transfer, which proves the decision was “irrational”.

“Even where legitimate security concerns exist, which I submit they do not, they do not trump constitutional rights without justification, proportionality and procedural fairness.”

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Bester argues that any correctional facility in Gauteng could have addressed the department’s concerns “without infringing fair-trial rights”.

“It is apparent that if DCS is allowed to separate the applicant from his legal team, which is located in Gauteng, the criminal trial, of which he is the seventh accused, will be adversely affected and will inevitably be delayed. This will curtail the rights of the rest of the defendants to a speedy trial.”

Other applications

This is not Bester’s only legal challenge; he has filed several interlocutory applications in various courts, which his lawyer says are necessary to prepare for his defence in the main trial.

In the first application, to be heard on 22 January 2026, Bester seeks to address current arrangements that he says limit his consultation times.

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In the second application in the Pretoria High Court, he is challenging his deportation from Tanzania.

Another application is before the Johannesburg High Court and was supposed to be heard on 27 November. However, the respondents were late in their responses. It should be heard in the first quarter of 2026, said Bester’s lawyer.

Another application at the Pretoria High Court for access to information.

“We have documents, classified information that we want to prepare for our defence, some of the documents are in possession of the president of South Africa, which will include the phone records of one of the politicians, I can name Mr Ronald Lamola, that will include some of the classified information of national intelligence,” his legal respresentative, MoAfrika Wa Maila, previously said.

“Those are the things that we want the court to order that they give to accused number seven in order for us to prove to this court. Should we not have access to this information, it will be terribly difficult for us to prepare for our defence.”

Bester has also previously requested that the court allow his legal representatives to bring him food in court.

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