Pretoria High Court Strikes Down Bester and Magudumana’s Bid to Block Netflix Documentary Beauty and the Bester

The Pretoria High Court has struck down Thabo Bester and Nandipha Magudumana’s urgent bid to block the Netflix documentary Beauty and the Bester, with Judge Sulet Potterill ruling this morning that the applications were without merit and the urgency self-created, allowing the three-part true-crime series to air as scheduled on Friday despite arguments it could prejudice their fair trial rights.

The Court’s Ruling and Reasoning

In a decisive judgment delivered at 8:30 AM on Friday, 12 September 2025, Judge Sulet Potterill of the Gauteng High Court in Pretoria struck the urgent applications from the roll, imposing cost orders against both Thabo Bester and Nandipha Magudumana. The ruling came just 30 minutes before the scheduled premiere of the Netflix three-part true-crime documentary “Beauty and the Bester”, which chronicles Bester’s notorious prison escape, his life on the run with Magudumana, and the ensuing international manhunt. Potterill dismissed the claims that the series contains inaccurate, defamatory, and unsubstantiated content that violates their constitutional rights to a fair trial, dignity, and presumption of innocence.

The judge emphasised that the urgency was self-created, particularly noting Magudumana’s application was filed a day before the airing, placing undue pressure on the court and being “wholly unreasonable.” Potterill highlighted that information about Bester and Magudumana is “firmly in the public domain,” drawn from bail applications, appeals, and prior court judgments, which diminishes their claims of prejudice. She added that substantive redress, such as suing for defamation, remains available post-release, as case law supports this approach. “No judge will be influenced by any documentary. Witnesses will be exposed to cross-examination, the public will form an opinion, but that is a by-product of the criminal justice system and does not affect the rights,” Potterill stated.

The decision allows the documentary to proceed, exploring the dramatic events surrounding Bester’s escape from Mangaung Correctional Centre in May 2022, where he faked his death using a decoy body, and his subsequent lavish life with Magudumana before their arrest in Arusha, Tanzania, in April 2023. The series, produced by Showmax and licensed to Netflix, features interviews with family members, investigators, and retired Judge Edwin Cameron, who comments on the case’s uniqueness. It has generated significant buzz, with trailers amassing millions of views and sparking debates on social media about media ethics in ongoing trials.

Bester and Magudumana’s Arguments for the Interdict

Bester and Magudumana launched separate urgent applications on Thursday, 11 September 2025, seeking to interdict Netflix from releasing the documentary until after their criminal trial in the Free State High Court, scheduled to begin in February 2026. Bester’s lawyer, Advocate Moafrika Wa Maila, argued that the series infringes on his client’s right to a fair trial by presuming guilt and portraying him as an “inhuman beast.” Wa Maila pointed to trailer content, including statements from Magudumana’s father and Judge Cameron, claiming they address public opinion rather than facts: “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.” He warned that the title “Beauty and the Bester” defames Bester by replacing “Beast” with his name, potentially influencing future generations and prejudicing witnesses or jurors.

Magudumana’s counsel echoed these concerns, adding that the documentary violates her privacy and contains selectively edited material. Court heard that Magudumana was paid for providing archive footage used in the series, which she now challenges as unlawful. Both applicants contended the content could taint their trial on charges including fraud, corruption, arson, body desecration, and aiding escape, stemming from Bester’s prison break. They are scheduled to return to the Bloemfontein High Court next Friday for pretrial proceedings.

Netflix’s Defence and Cost Orders

Netflix’s lawyers urged dismissal with costs, arguing the applications abuse the court process and that the documentary serves public interest without directly interfering with the trial. They sought a personal cost order against Bester and Magudumana, labelling the urgency “self-created.” Potterill agreed, striking the applications and ordering costs, noting the pair had ample time to act since learning of the documentary months ago.

The Bester-Magudumana Saga: A National Obsession

Thabo Bester, a convicted rapist and murderer serving life since 2012, allegedly faked his death in a prison fire at Mangaung Correctional Centre in May 2022, using a decoy body procured with Magudumana’s help as a doctor. The couple lived extravagantly in Johannesburg, running scams under aliases, until arrested in Tanzania with fake passports in April 2023. Co-accused include Magudumana’s family and prison staff, facing charges of aiding escape and fraud. Magudumana’s licence was suspended for ethics violations.

The story captivated South Africa, inspiring media frenzy and documentaries like Showmax’s “Tracking Thabo Bester”, which Bester unsuccessfully tried to block in 2023. “Beauty and the Bester” promises deeper insights, with Magudumana’s father’s feature adding personal drama.

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