“I Didn’t Escape”: Thabo Bester Tells Court He Was ‘Lawfully Released’ In Shock Claim

Convicted rapist and murderer Thabo Bester told the High Court on Tuesday that he did not escape from prison, insisting he was lawfully released from Mangaung Correctional Centre in May 2022.

Bester made the claim while bringing an urgent application challenging charges linked to his alleged escape from custody.

Authorities, however, maintain that he orchestrated a dramatic escape by faking his death in a prison cell fire, allegedly with the help of Nandipha Magudumana and several correctional officials.

Thabo Bester’s Legal Battle Over Transfer and Trial Preparation

Earlier this month, the High Court dismissed Bester’s urgent application for a second time. He had sought to be moved from eBongweni Super Maximum Correctional Centre to Kgosi Mampuru Correctional Centre.

The Department of Correctional Services transferred him to the KwaZulu-Natal facility in January, citing security concerns.

Addressing the court, Bester argued that his constitutional rights were being violated and that his current detention conditions limited his ability to prepare a proper defence.

“Now, if I’ve lost my humanity because of what I’m accused of – I’m convicted of rape and murder – does that mean I am no longer entitled to a fair trial?” he said.

He told the court that delays in receiving responses from the state forced him to bring the application on an urgent basis.

Claims of Unfair Treatment and Questioning of Detention

Bester said he had previously appeared in court without the necessary documents, resulting in the matter being struck off the roll before his transfer.

“I was physically in this court and the matter was struck off the roll because I had no answering papers. Then I was transferred to eBongweni,” he said.

He argued that sentenced inmates are not given the same level of access to prepare their defence as remand detainees.

“The challenge is that the sentence I am serving is itself in question,” he said.

“A court could find that I have been serving it unlawfully and that I was, in fact, lawfully released.”

Bester also challenged the validity of the warrant under which he is being held, stating: “The state must prove that I am guilty. I cannot be expected to furnish my defence to the respondents outside of a trial court.”

“There is no warrant in the world that is absolute,” he added, pointing out that legal and executive processes can alter such orders.

Court Previously Dismissed Application as Lacking Merit

In an earlier ruling, Judge John Holland-Muter dismissed Bester’s application, finding no urgency or merit in his request to be transferred.

The judge ruled that the Department of Correctional Services acted within its authority in relocating Bester for security reasons and found no violation of his constitutional rights.

Bester’s legal representative, Benjamin Moafrika wa Maila, argued that the transfer made it difficult for the legal team to consult with their client ahead of trial.

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However, the court rejected this, noting that consultation facilities — including virtual options — were available.

“Nothing procedurally wrong or unfair took place. His right to legal representation was not infringed,” Holland-Muter said.

He further noted that Bester’s history of escape justified stricter supervision in a high-security facility.

“I see no urgency and no merit in the application for his transfer,” the judge said.

The matter remains before the courts as legal proceedings continue.