Thabo Bester files legal challenge against 'inhumane' detention at Kgosi Mampuru

Bester is being held at the facility following his re-arrest in April last year.

Bester and his co-accused are on trial for escaping from the Mangaung Correctional Centre in May 2022.

He claims the detention conditions are unconstitutional.

In a statement, Bester said he had been subjected to severe violations of his constitutional rights, particularly Section 35 of the Constitution, which talks about the right to a fair trial.

According to his lawyers, Bester is placed in solitary confinement for 23 hours per day in a room with a small window.

“Saying the isolation may have a detrimental impact on his mental health and well-being, which can lead to severe psychological effects, including anxiety, depression, hallucinations, and suicidal thoughts,” they said in the statement.

Bester’s lawyers also claim their client is unable to prepare a defence due to the restrictions on legal consultation and lack of privacy at the C-Max prison.

"It is no secret that the ability of the accused to prepare a defence has been gravely impeded by the conditions at C-Max.

"The restrictions on legal consultation, lack of privacy, and inadequate protection of privileged information directly undermine his constitutional right to a fair trial.

"Section 35(3) of the South African Constitution guarantees every accused person the right to be presumed innocent, to remain silent, to adduce and challenge evidence, and to be provided with adequate facilities to prepare a defence.

"The current conditions at C-Max make it impossible for Mr. Bester to exercise these rights effectively." 

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