Convicted rapist Thabo Bester appeals to ConCourt, alleges judicial bias

Convicted rapist and murderer Thabo Bester has escalated his legal battle to the Constitutional Court, alleging judicial bias in his challenge against the Free State High Court’s dismissal of his poor prison conditions case.

Bester, through his attorney Lerato Moela, has filed papers seeking leave to appeal the judgment handed down on 21 February 2025, by Judge Nobulawo Martha Mbhele.

“The historical background and grounds of appeal would reveal how the Learned Justice misconstrued the issues before her, thereby exceeding the bounds of authority she had,” Bester stated in his application.

Convicted serial rapist and murderer Thabo Bester has turned to the Constitutional Court. This is in a bid to seek leave to appeal against the Free State High Court in Bloemfontein's judgment that dashed his hopes of challenging the alleged poor conditions of his incarceration. pic.twitter.com/n1Rx3w11qH

— SABC News (@SABCNews) March 18, 2025

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Thabo Bester constitutional challenge

The cornerstone of Bester’s appeal is the allegation of judicial prejudice, with his legal team arguing that this constitutional concern warrants review by South Africa’s highest court.

“The existence of reasonable apprehension of bias as a ground of appeal raises a constitutional matter,” the application states explicitly.

The application positions this claim as the primary justification for approaching the Constitutional Court directly.

Miscarriage of justice

The convicted criminal claims that the High Court’s ruling represents a significant miscarriage of justice.

In the notice of motion, Bester’s legal team argues that “the judgment is completely out of kilter with what the Learned Justice was called upon to decide. It would be a travesty of justice if the judgment is left unchallenged.”

The application further contends that allowing the judgment to stand “would and/or has created a dangerous precedent that would probably create judicial chaos in our law.”

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Thabo Bester’s dual appeal strategy

Interestingly, Bester appears to be pursuing a two-pronged approach to his appeal.

While petitioning the Constitutional Court directly, he has simultaneously filed a conditional leave to appeal application with the High Court in Bloemfontein.

“The applicant intends on conditionally applying for leave to appeal in the High Court of South Africa, Free State Division simultaneously with this application,” the court documents reveal.

“The drafting of the applications for leave to appeal and the conditional leave to appeal in the High Court were done simultaneously as well.”

Meanwhile, Bester and his co-accused continue to face multiple charges related to what prosecutors describe as his “elaborate escape from prison”.

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