Convicted murderer and rapist Thabo Bester has lost his urgent court application challenging his transfer from Kgosi Mampuru II Correctional Centre in Pretoria to eBongweni Correctional Centre in Kokstad, KwaZulu-Natal .
The dispute was argued before the Gauteng High Court on Tuesday, 3 March 2026, in a legal battle between Bester and the Department of Correctional Services (DCS) .
Bester’s Arguments
Bester’s legal representative, Benjamin Wa Maila, argued that the transfer was derailing preparations for his client’s upcoming trial and violating his constitutional rights, including access to legal representation .
“When the respondent replies, he takes my Facebook page and says counsel of the applicant travels a lot, why can’t he travel there as if every trip I take is for fun. I’m not a legal tourist. I don’t travel the country for fun, I travel to do the work,” Wa Maila said .
He highlighted that consultations at Kgosi Mampuru were already limited, as the legal team had to communicate through glass and without laptops. According to him, the transfer has made the consultation process far worse .
Wa Maila also raised concerns about the financial burden of traveling from Pretoria to Kokstad, stating that Bester “never budgeted” for the transfer and alleging the legal team was not informed beforehand .
The lawyer criticised the DCS for failing to share details of the security and risk assessment that led to the transfer .
“What has changed? Is there any new thing that says he is maybe attempting to escape again, allegedly? There’s nothing like that,” Wa Maila argued .
DCS Defence
Advocate Lebogang Madiba, representing the DCS, argued that section 36 of the Constitution allows rights to be limited by law. “It is clear that the rights can be limited,” he told the court, rejecting claims that Bester’s constitutional rights were violated .
Madiba said Bester’s legal team would simply need to make arrangements to consult at eBongweni prison as lawyers do in other cases. He also dismissed the cost concerns, stating that Bester had not said he was unwilling to pay his attorney .
Court Ruling
Judge John Holland-Muter dismissed Bester’s urgent application, ruling that his legal team could consult with him virtually if they did not want to travel to Kokstad .
“There’s nothing untoward about his transfer by correctional services,” Holland-Muter said, adding that Bester’s right to legal representation has not been infringed .
“I don’t see any urgency of the matter, but I also see no merits why he should be transferred back” .
The renewed challenge comes despite the court striking a similar application from the roll on 11 February .
Background
The DCS has defended the decision, stating that the transfer in late January was carried out following a threat and risk assessment . Bester was detained in the C-Max high-security unit at Kgosi Mampuru after being apprehended in Tanzania in 2023 before his subsequent transfer .
Currently serving a life sentence for the 2011 murder of his former girlfriend, Nomfundo Tyhulu, Bester is also facing trial for his 2022 escape from Mangaung Correctional Centre .
Upcoming Trial
Bester, along with former partner Nandipha Magudumana and their co-accused, is scheduled for a pre-trial hearing at the Free State High Court in Bloemfontein on 18 March . The trial relating to Bester’s escape is expected to run from 20 July to 18 September 2026 .
