High Court Rejects Thabo Bester’s Urgent Application To Be Moved Back To Gauteng

The Gauteng High Court in Pretoria has struck Thabo Bester’s urgent application to be transferred back to Gauteng from the roll, leaving him at eBongweni Super Maximum Correctional Facility in KwaZulu-Natal for the time being.

Judge Elizabeth Kubushi ruled that Bester’s application did not meet the threshold of “extreme urgency” and that the Department of Correctional Services had not been given adequate time to respond. The court therefore did not consider the merits of the case.

While dismissing the application, Kubushi noted that there was nothing preventing Bester from re-enrolling the matter should he choose to do so at a later stage.

The issue of urgency was argued before any substantive points could be addressed, effectively halting the proceedings at a preliminary stage.

Court Finds Thabo Bester’s Application Not Properly Urgent

Advocate Neil Snellenburg SC, appearing for the Department of Correctional Services, urged the court to strike the matter from the roll or, alternatively, grant the department time to respond to the allegations raised by Bester.

Snellenburg argued that Bester’s legal team had afforded the department only one day to indicate its intention to oppose the application and another single day to file answering papers.

Judge Kubushi agreed that the matter had not been properly enrolled and that the circumstances did not justify the level of urgency claimed.

Legal Team Raises Constitutional Rights Concerns

Bester’s lawyer, Benjamin Moafrika wa Maila, maintained that his client’s Constitutional rights had been infringed by what he described as a “secret, in the middle of the night” transfer to Kokstad’s super maximum facility on February 5.

Maila told the court that the move had rendered consultations with Bester extremely difficult, particularly as he was preparing to argue an urgent application in the Bloemfontein High Court relating to his conditions of incarceration at Kgosi Mampuru Prison’s C-Max facility.

He said that while consultations in C-Max were already challenging, Bester’s relocation to Kokstad had made them “near impossible”, limiting communication to brief phone calls.

“Our client urgently needs to come back to Gauteng so that we can prepare for the criminal trial,” Maila told the court.

Impact on Trial Preparation and Legal Consultations

Maila explained that Bester’s legal team needed to consult with him not only for his pending criminal trial in Bloemfontein, but also for several other applications currently in preparation.

He said consultations require the use of electronic devices to review videos and other footage that will form part of the trial — items that are prohibited inside super maximum facilities.

Maila further described previous consultations conducted through thick glass panels, which made communication difficult and forced lawyers and client to exchange handwritten notes pressed against the glass.

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He also questioned why Bester’s legal team was not informed either before or after the transfer on February 5. According to Maila, the move only came to light when a family member attempted to book a visit and was informed that Bester was no longer at the facility.

A day after the transfer, Bester managed to contact his lawyer for approximately one minute to inform him of the move and request that the urgent application be filed.

Upcoming Court Dates Add Pressure

Maila told the court that Bester’s criminal case is set to return to the Bloemfontein High Court on March 18. While it later emerged that the date is for pretrial proceedings rather than the main trial, Maila insisted that consultations remained essential.

He added that the legal team also needed direct access to Bester to ensure his safety while in custody.

Despite these arguments, the court ruled that the matter lacked the urgency required for immediate intervention.