Convicted rapist and murderer Thabo Bester and his partner, Dr Nandipha Magudumana, are challenging Netflix in the North Gauteng High Court in Pretoria.
Their legal teams argue that streaming the new Thabo Bester Netflix documentary, titled Beauty and the Bester, will harm their right to a fair trial.
A ruling in the urgent application, heard on Thursday, 11 September 2025, is expected today since the documentary is scheduled to premiere on Friday, 12 September 2025.
What Bester’s lawyer told the court
Advocate Moafrika Wa Maila, representing Bester, said the documentary already damages his client’s constitutional rights.
He argued that the trailer infringes on Bester’s dignity and the presumption of innocence.
Quoting from the trailer, Wa Maila told the court:
“Now, already the documentary has stated some kind of their truth … 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.”
Bester and Magudumana are accused, along with seven others, of planning and carrying out his daring escape from Mangaung prison, where he had been serving a life sentence.
Nandipha Magudumana’s contract dispute
Magudumana’s lawyer, Advocate Lerato Moela, revealed in court that she was paid by production company Storyscope, which produced the documentary for Netflix.
Moela argued that the contract she signed was invalid, saying it was not authorised properly and should not bind her client.
He said Magudumana no longer believes the agreement is enforceable, despite having received payment for her archive material.
Representing Netflix, Advocate Tembeka Ngcukaitobi countered that Magudumana was legally represented when she signed the deal. He accused her of trying to “distort” the agreement after the fact.
“She was paid for the use of her archive material and was represented by her attorneys when she entered the agreement,” Ngcukaitobi said:
The High Court is expected to deliver its ruling today. If the application for an interdict is successful,
Netflix may be forced to delay or cancel the release of Beauty and the Bester. If the court rules against Bester and Magudumana, the documentary will premiere as scheduled on Friday.
