Thabo Bester, the convicted murderer and infamous “Facebook rapist,” has failed in his attempt to return to a Gauteng prison. In a recent ruling by the Pretoria High Court, his urgent application challenging his transfer from Kgosi Mampuru Correctional Centre to the eBongweni Super Maximum Correctional Facility in Kokstad, KwaZulu-Natal (KZN), was rejected.
Bester, who is facing serious charges and preparing for his upcoming trial, argued that his new prison location would hinder his legal preparations. However, the court found that his application lacked the necessary urgency, ruling against his request to return to Gauteng.
Bester’s Legal Challenge
In January, Thabo Bester applied urgently to the Pretoria High Court, requesting that his transfer to eBongweni Super Maximum be reversed. Bester contended that his move to the KZN facility would severely impact his ability to prepare for his trial. His legal team, led by Advocate Mo Afrika Maile, argued that the transfer would prevent adequate consultation with Bester, thus hampering their preparation for the trial set for 18 March 2026.
Court’s Judgment: Lack of Urgency
Judge Elizabeth Mamoloko Kubushi, presiding over the case, rejected Bester’s urgent application on 6 February 2026. According to Kubushi, Bester’s team failed to demonstrate that the matter was urgent enough to be dealt with immediately. The judge noted that there was no clear reason in the founding affidavit as to why the case had been filed on such an urgent timeline. Furthermore, the court expressed concerns that the respondents (the Department of Correctional Services) had not been given adequate time to prepare their response.
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Judge Kubushi stated, “There is no cogent reason mentioned in the founding affidavit why this matter was set down on such stringent timeframes, without giving the respondents adequate time to file their answering affidavits.” As a result, Bester’s application was struck from the roll.
Impact on Trial Preparations
Bester’s lawyer, Advocate Maile, argued that the transfer would hinder their ability to meet trial deadlines, particularly for consultations with Bester. Maile expressed concerns that Bester’s legal team would not be able to properly consult with him ahead of the trial. This, they claimed, would compromise his defence and preparation.
Despite these concerns, Judge Kubushi remained unconvinced. The court acknowledged Bester’s upcoming trial but emphasised that only a pre-trial conference was scheduled for March, with the trial itself set for mid-2026. The court deemed the issue of Bester’s transfer to be insufficiently urgent to warrant immediate intervention.
Bester’s Ongoing Legal Troubles
Thabo Bester is serving a sentence for the 2011 murder of his then-girlfriend, Nomfundo Thyulu, and he faces multiple charges related to his daring escape from the Mangaung Correctional Centre in 2022. Initially thought to have died in his cell by suicide, it was later revealed that Bester had staged his death to escape. His return to the public eye has sparked widespread attention, and his legal battles continue.
Bester’s trial for his escape from Mangaung, involving his accomplice Dr. Nandipha Magudumana and her father, is expected to begin in July 2026. The case has been postponed multiple times, with the most recent hearing scheduled for March 2026. However, despite the ongoing trials, Bester remains in the eBongweni Super Maximum facility in KZN, where he will stay following the court’s ruling.
What’s Next for Thabo Bester?
The ruling against Bester’s attempt to return to a Gauteng prison marks another setback for the convicted murderer. His legal team will likely continue preparing for his trial, which is now less than six months away. Meanwhile, Bester remains in KZN’s high-security prison, where he will face further challenges in his ongoing fight for justice.
By rejecting Thabo Bester’s attempt to return to Gauteng prison, the Pretoria High Court has upheld the decision to keep him in the eBongweni Super Maximum facility. His ongoing legal battles will continue to unfold, with the next significant court date set for March 2026.
