Court dismisses Bester, Magudumana application against Showmax
The High Court in Johannesburg has dismissed Facebook rapist Thabo Bester and Nandipha Magudumana’s urgent application to have Showmax’s documentary interdicted from airing.
Bester wants to prevent digital streaming site Showmax from airing a documentary on his life.
The documentary called 'Tracking Thabo Bester' is set to premiere at 4pm on Friday.
Showmax argued that anxiety and speculation is all that’s at play from Bester and Magudumana.
"I also moved to the part from the ordinary result by the fact that the applicants are incarcerated individuals litigating under disability," said Stuart Judge Wilson.
"Whatever the applicants have done and whatever may appropriately be said about that conduct and character and in this case a great deal may be said and the doors of the court are open to everyone.
"And I will not depart from that principle in this case the risk departing from it by making an adverse court order.
"For all those reasons I make the following order, the applications are dismissed and each party will pay their own cost."
The two were arrested last year following Bester's prison escape at the Mangaung Correctional Centre in May 2022.
Magudumana's lawyer Machini Motloung said plans are in places for Magudumana to tell her side of the story.
Motloung was speaking to the SABC outside the court following the dismissal of his client's application.
"She has to give her own side of the story at some point. All that is out there in the media including the docu series is fiction.
"Let's hear from her, she has the right to say what really transpired".
Bester’s lawyer argued that Showmax interviewed Nandipha Magudumana’s brother Nathi Sekeleni and he was paid for the interview. However, he is listed as a state witness for the trial and that has the potential to jeopardise Bester’s right to a fair trial.
The argument left Judge Wilson unimpressed.
"I don't know if you have any criminal experience, but having presiding over criminal trials not everybody on the witness list is called," he said.
"One can imagine that there is the possibility based on the fact that he's on the list that may infuturise some prejudice. Lets just adopt that as a speculative proposition.
"That publication must be allowed to proceed," he said.
