Bester challenges 'unlawful' KZN prison transfer, cites legal consultation barriers

In court papers challenging his transfer from Kgosi Mampuru Prison in Pretoria to eBongweni Super Maximum Correctional facility in KwaZulu-Natal, Thabo Bester states he is facing difficulties consulting with his legal team from Kokstad prison.

Bester will turn to the Gauteng High Court, Pretoria, on Tuesday to challenge his transfer.

He will ask the court to overturn his transfer as being unlawful. He is asking for an order that the Department of Correctional Services immediately transfer him to a facility in Gauteng.

Bester also wants the department to be interdicted from transferring him from a correctional facility outside Gauteng for the duration of his trial in Bloemfontein, without the department first notifying his legal team about such potential moves and stating reasons for it.

Attorney Courage Morero issued an affidavit on his behalf, stating that at the time of his move to KwaZulu-Natal, he had a pending application against the department in the Bloemfontein High Court.

It was due to be heard on Thursday, and concerned his conditions of incarceration at Kgosi Mampuru Prison, and the fact that he cannot prepare for his criminal trial while in that prison.

Morero stated that Bester's sudden transfer to KwaZulu-Natal has made it increasingly difficult to consult with him. During this time, she only had two telephonic conversations with him, which each lasted less than 10 minutes.

She explained that this undermines his right to prepare for his criminal trial and other ongoing litigation, and she is unable to physically meet with him as he is 753km away from his legal representatives and his family.

Since his transfer, the logistics have made it nearly impossible to meet and consult with him, Morero stated.

According to her, Bester will suffer irreparable harm if he is not immediately transferred back to a facility in Gauteng.

Morero said Bester’s constitutional rights are being violated by the department, as he will suffer an unfair criminal trial in Bloemfontein if he cannot consult with his legal team.

Before his transfer, he had been incarcerated at the Kgosi Mampuru Prison for about three years following his arrest.

Morero said on February 25, in the middle of the night, without any prior notice to herself or Bester, he was whisked away to the supermaximum prison in KwaZulu-Natal.

She said she only became aware of his transfer two days later from a family friend of Bester, who tried to make a booking to visit him in prison.

Three days after the move, she received a call from Bester, who told her about the transfer. According to her, he told her he had none of his possessions with him.

Morero said while the department may have administrative powers to transfer inmates, such powers are not unfettered and must be executed lawfully.

The department earlier said offender transfers are routine and guided by established security risk assessments to ensure the safety, security, and stability of correctional facilities and the broader criminal justice system.

It gave the assurance that Bester will continue to receive appropriate care in line with applicable legislative and policy prescripts, and will retain full access to legal representation, family communication, and court processes.

The department added that all necessary logistical arrangements remain in place to ensure court appearances and legal proceedings proceed without disruption.

But Morero said this is simply not true, as consulting with him at the moment is virtually impossible.

Bester, who allegedly escaped from Mangaung Correctional Facility in May 2022 with the help of Dr Nandipha Magudumana, was returned to South Africa in April 2023 to face several charges. His criminal trial is due to start in July.

Cape Times