Thabo Bester, a convicted murderer and rapist, has once again failed in his urgent bid to be transferred from South Africa’s supermax prison, eBongweni, in Kokstad, KwaZulu-Natal. His case was dismissed by the Pretoria High Court on Tuesday. Bester had approached the court to challenge his transfer from Kgosi Mampuru II Correctional Centre in Pretoria to eBongweni Super Maximum Correctional Centre in KwaZulu-Natal. A similar application was struck off the roll last month after the Department of Correctional Services was granted only a day to respond to his filing. During Tuesday’s hearing, Bester’s advocate, Benjamin Moafrika Wa Maila, argued that the transfer was unreasonable, procedurally unfair, and infringed on Bester’s constitutional right to legal representation.
Wa Maila told the court Bester was preparing for pending proceedings in the Bloemfontein high court relating to his escape case and that meaningful consultation was being hampered by the distance between Kokstad and his Pretoria-based lawyers.
Wa Maila submitted that consultations at eBongweni were ineffective and financially burdensome, saying travel and related costs would ultimately prejudice Bester’s ability to prepare for trial. He argued that correctional services had not provided a detailed security risk assessment to justify the transfer, relying instead on a general reference to “security reasons”. Judge John Holland-Muter said the department of correctional services maintained that the transfer was lawful and effected in terms of the Correctional Services Act and its regulations. The department said inmate transfers for security reasons are routine and do not require prior notice to inmates or their legal representatives.
Although Bester may be entitled to efficient legal counsel to prepare his defence in the trial concerning his escape from incarceration for rape and murder, he could, through his legal team, request a transfer to a supermax-security prison closer at hand. If this is not possible, he should seek to have the trial moved to KwaZulu-Natal. Bester may need to arrange for a new legal team, if available, to represent him in his defence. He is currently on trial for his elaborate but grisly escape from a maximum-security prison and is expected to be found guilty. The outcome will depend on the case his legal counsel can assemble to minimize his new prison sentence. However, the likelihood of achieving that is slim.
Bester’s urgent application to be moved back was struck from the roll last month after Judge Elizabeth Kubushi found the department was only given one day in which to file their opposing papers. Bester re-enrolled the matter to Tuesday, without filing any new papers. This time around the department did submit opposing papers. Acting head of C-Max, Ntsizi Qebengu, had set out in detail as to why it was necessary to move Bester to KwaZulu-Natal. He also stated that shortly before his transport to eBongweni, Bester was informed of his move. He was happy with this decision and in fact welcomed it, Qebengu said.
Maila, however, maintained that his relocation severely hampered his preparations for his forthcoming criminal trial in Bloemfontein. Judge Holland-Muter pointed out that the trial has been set down for some time during the third court term, which is around July or August.
Bester can be transferred to eBongweni in Kokstad, KwaZulu-Natal, but he will need to assemble a new legal team to assist with his case. Whatever the circumstances, Bester is not someone who can be trusted to remain in prison. He poses a flight risk, as demonstrated by his previously elaborate and grisly escape plans. If he were allowed to serve his sentence in a lower maximum-security prison, he would likely flee within minutes—this time with greater success in covering his tracks. If, at the time of being informed of the transfer by Qubengu, Bester showed no signs of resistance or refusal, this could work against him.
Bester’s predicament highlights an important issue regarding maximum-security prisons in South Africa: they are not located close enough to the places where ongoing trials of incarcerated individuals are held. Maximum Security Correctional Centres should be established across all nine provinces. Although Bester is far from a trustworthy individual, his legal team should nonetheless be given sufficient time to prepare their case for the upcoming trial. It may not do them any good.
Article written by:
Yacoob Cassim
Journalist at Radio Al Ansaar
