Thabo Bester's Urgent Prison Transfer Bid Struck from Roll by Pretoria High Court

Court Dismisses Urgent Application

In a significant development in the ongoing legal saga surrounding Thabo Bester, the convicted killer and rapist, his urgent application to be transferred from the eBongweni Super Maximum Correctional Facility in Kokstad, KwaZulu-Natal, back to a prison in Gauteng was struck from the roll by the Pretoria High Court on February 10, 2026. Judge Mamoloko Kubushi ruled that the matter lacked the necessary urgency and was not properly enrolled.

Bester's legal team had sought an order compelling the Department of Correctional Services (DCS) to facilitate his immediate transfer, arguing that his current detention approximately 700 to 753 kilometres from Gauteng severely hampered their ability to consult with him and prepare for his upcoming escape trial. His lawyers contended that the distance made it 'impossible to consult with him and prepare for the main case against him' and that his constitutional rights were infringed by his 'secret, in the middle of the night' transfer on February 5, 2026.

Arguments for and Against Urgency

During proceedings, Bester's attorney, Moafrika wa Maila, emphasized the critical need for Bester to be closer to his legal team, especially with his main trial for the Mangaung Correctional Centre escape scheduled for case management on March 18, 2026, and trial dates set between July 20 and September 18, 2026. Maila argued that the relocation created a logistical 'suffering' for the legal team and compromised Bester's fair trial rights.

However, the DCS, represented by Advocate Neil Snellenburg SC, opposed the application. The department maintained that Bester's transfer to eBongweni on January 30, 2026, was a routine practice guided by established security risk assessments to ensure the safety, security, and stability of correctional facilities. Correctional Services Commissioner Samuel Thobakgale previously stated that a detailed security and threat analysis prompted the transfer of Bester, who is classified as high-risk and high-profile, to the super-maximum facility.

Court's Ruling and Future Implications

Judge Kubushi was critical of the stringent timeframes Bester's legal team had imposed on the Correctional Services, allowing them only one day to file answering papers. She stated, 'There is, therefore, no reason mentioned in this founding affidavit why this matter was set down on such stringent timeframes without giving the respondent adequate time to file their answering affidavits. I am thus not persuaded that this matter is so urgent…' The judge concluded that the matter was not properly enrolled and did not justify urgent intervention, leaving Bester to remain at eBongweni.

While the application was struck from the roll, meaning the court did not rule on the merits of Bester's arguments regarding the lawfulness of his transfer, his legal team retains the option to re-enroll the matter through the normal court process. This decision ensures that Thabo Bester, known for his infamous 2022 escape from Mangaung Correctional Centre, will continue to be held in one of South Africa's most secure prisons as he awaits his upcoming trials.