Bester’s Lawyer Moafrika Wa Maila Says Netflix Documentary Will Infringe on Client’s Fair Trial Rights
Bester’s Lawyer Moafrika Wa Maila says Netflix documentary will infringe on client’s fair trial rights, as the advocate argues in the North Gauteng High Court that streaming the series “Beauty and the Bester” contains prejudicial content that could harm Thabo Bester’s dignity and presumption of innocence ahead of his February 2026 trial, in an urgent application launched with Nandipha Magudumana to halt its release scheduled for Friday 12 September 2025.
Convicted murderer and rapist, Thabo Bester’s lawyer, Advocate Moafrika Wa Maila says his client will suffer prejudice, as streaming the Netflix documentary will infringe on his right to a fair trial. Wa Maila is addressing the North Gauteng High Court in Pretoria, where Bester and his girlfriend Nandipha Magudumana have launched an urgent application to halt the release of the documentary “Beauty and the Bester”. Referring to the trailer, Wa Maila says Bester’s right to human dignity and his right to be presumed innocent until proven guilty have been infringed. “Father of Magudumane and she says, I could not imagine my daughter doing such a thing. And now we also have a judge, Justice Cameron, speaking in that documentary, saying, as a judge, I have never seen such a thing. … Definitely, you are talking about Bester’s alleged escape.” “Now, already the documentary has stated some kind of their truth or some kind of their baseless friends to say he has escaped. Now it means I am addressing the public opinion, and I’m speaking about the right to a free trial here.”
The urgent application, heard on 11 September 2025 by Judge Sulet Potterill, seeks to interdict Netflix from releasing the three-part true-crime series set to premiere on 12 September 2025. Bester and Magudumana argue that the documentary contains falsehoods, defamatory statements, and selectively edited content that could prejudice their fair trial rights under Section 35 of the Constitution. The series explores Bester’s daring 2022 escape from Mangaung Correctional Centre, his life on the run with Magudumana, and the international manhunt that led to their arrest in Arusha, Tanzania, in April 2023. Bester claims the portrayal depicts him as an “inhuman beast,” infringing on his dignity, while Magudumana asserts it violates her privacy and could bias potential jurors or witnesses.
Bester, serving a life sentence for rape and murder since 2012, faked his death in a prison fire using a decoy body procured with Magudumana’s help, who claimed the remains as a doctor. The couple lived lavishly in Johannesburg, running scams and enjoying luxury, until captured with fake passports. Co-accused include Magudumana’s father Zolile Sekeleni, brother Nkosinathi Sekeleni, and former G4S prison staff Senohe Matsoara, Teboho Lipholo, and Buti Masukela, facing charges of fraud, corruption, arson, and aiding escape. The trial, postponed several times due to legal wrangling and health issues, is scheduled for February 2026 in the Free State High Court.
Wa Maila’s arguments in court focused on the trailer’s content, highlighting statements from Magudumana’s father expressing disbelief and retired Judge Edwin Cameron’s comment on the case’s uniqueness, which he said presume guilt and address Bester’s “alleged escape” as fact. This, he contended, addresses public opinion rather than allowing a fair judicial process, potentially tainting the jury pool and undermining the presumption of innocence.
Netflix has not publicly responded, but such platforms often defend content on grounds of public interest and free speech. The application echoes Bester’s previous failed bid in March 2023 to block Showmax’s “Tracking Thabo Bester,” dismissed for lack of urgency. Here, the timing – a day before release – underscores the application’s emergency nature.
The case spotlights tensions between media freedom and accused rights in high-profile trials. In South Africa, true-crime series have boomed, but courts balance this with justice, occasionally granting interdicts if content is proven prejudicial. Analysts note that while injunctions are rare, they can lead to edits or delays if bias is shown.
Bester and Magudumana’s story has gripped the nation, involving glamour, crime, and intrigue. Bester, dubbed the “Facebook Rapist,” lured victims online; Magudumana, a prominent aesthetic doctor, allegedly aided the escape by claiming the body and fleeing with him. Their arrest involved SA police, Tanzanian authorities, and Interpol, with extradition following.
Magudumana’s medical licence was suspended in 2023 for ethical violations, and she faces additional charges of body desecration. The couple’s pretrial has seen drama, including Magudumana’s failed bid to declare her arrest unlawful.
If the interdict succeeds, it could set precedents for media in ongoing cases; if denied, the series airs, risking influence on public perception. The hearing’s outcome, expected soon, will decide if the documentary proceeds as planned.
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