KEY POINTS
- Thabo Bester has approached the Constitutional Court to determine whether his case should be heard in a civil or criminal court, citing constitutional complexities.
- The case has sparked public outrage and reignited debates about corruption and accountability within South Africa’s correctional services.
- Legal experts and victims’ families are divided, with some viewing the move as a delaying tactic and others emphasizing the need for due process.
Notorious fugitive Thabo Bester has approached South Africa’s Constitutional Court to determine whether his case should be heard in a civil or criminal court.
This latest legal maneuver comes as Bester continues to fight for his rights amid ongoing investigations into his dramatic escape from the Mangaung Correctional Centre in May 2022 and the subsequent charges of fraud, rape, and murder he faces.
Bester, who faked his own death and was later recaptured in Tanzania, has become a symbol of systemic failures in South Africa’s correctional services.
According to Timeslive, his legal team argues that the nature of his case raises complex constitutional questions, particularly regarding jurisdiction.
“The issue at hand is whether the matters pertaining to Mr. Bester’s escape and subsequent charges fall under civil or criminal jurisdiction.
“This is a matter of constitutional importance that requires the highest court’s intervention,” said Bester’s lawyer, Advocate Kgomotso Morobi.
Constitutional court to decide on jurisdictional battle
The case has sparked widespread public interest, with many South Africans questioning how Bester managed to orchestrate his escape with the alleged help of prison officials and private security company G4S.
The Department of Correctional Services has faced severe criticism for its handling of the matter, and the case has reignited debates about corruption and accountability within the country’s justice system.
Legal experts have weighed in on the matter, with some arguing that Bester’s attempt to shift the focus to jurisdiction is a delaying tactic.
“This is a classic strategy to prolong the legal process. The charges against Bester are clearly criminal in nature, and the Constitutional Court should dismiss this application,” said legal analyst Thandiwe Ndlovu.
