The High Court in Pretoria has struck off the roll an urgent application by convicted murderer and rapist Thabo Bester to be moved back to a Gauteng prison. Bester, currently held at the eBongweni Super Maximum Correctional facility in KwaZulu-Natal, challenged his transfer from Kgosi Mampuru Prison in Pretoria. The judge ruled that the application was not properly enrolled.
Convicted murderer and rapist Thabo Bester filed an urgent application in the High Court in Pretoria seeking to return to a prison in Gauteng after his transfer to the eBongweni Super Maximum Correctional facility in KwaZulu-Natal. The transfer from Kgosi Mampuru Prison in Pretoria occurred without notice, prompting Bester to argue that it hindered his ability to consult with his legal team and was unlawful.
Judge Elizabeth Kubushi dismissed the application, ordering it struck off the roll because it had not been properly enrolled by Bester's attorneys. In her ruling, 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 matter is to be struck off the roll because it was not properly enrolled and the applicant is at liberty to enrol it properly for the next urgent court roll.”
This decision allows Bester to refile the application correctly for a future court roll. The case highlights ongoing legal challenges related to Bester's incarceration conditions following his conviction.
