Convicted rapist and murderer Thabo Bester has approached the Pretoria high court on an urgent basis to interdict and restrain Netflix from releasing, streaming, advertising or publishing a documentary titled Beauty and the Bester.
Netflix posted the trailer of the documentary set to stream on September 12.
Bester, being held in Kgosi Mampuru Prison in Pretoria, was apprehended in Tanzania in April 2023 and faces multiple charges relating to his dramatic escape from Mangaung prison in May 2022.
In an unrelated case in March last year Bester and his life partner Nandipha Magudumana failed in their urgent bids to interdict the airing of Showmax’s Tracking Thabo Bester. Both argued broadcasting the docuseries would affect the fairness of their criminal trial.
In his notice of motion filed in the Pretoria high court on Tuesday, Bester asked the court to declare the contents of the documentary violated his constitutional rights to be presumed innocent until proven guilty, to a fair trial and to dignity.
Bester also asked the court to declare the documentary and its contents defamatory and that Netflix be restrained permanently from streaming, advertising or publishing it.
In his founding affidavit, Bester said he became aware on August 20 that Netflix had posted a trailer on its app and on YouTube advertising the documentary.
He said the trailer outlined that the contents of the documentary will centre on his life and allegations that are the subject of a criminal trial in which he is a defendant in the Bloemfontein high court.
On the belief that the contents of the trailer indicated that the documentary would be prejudicial to his constitutional rights, Bester instructed his legal representatives to approach the court to interdict Netflix from releasing the documentary, pending a finding by the court on relief he sought.
His legal representatives also sent an email to Netflix, upon satisfying themselves that Netflix did not have a registered office in South Africa, asking it to take down the trailer and to commit not to publish the documentary. There has been no response to that request.
“I respectfully submit that unless interdicted the documentary will cause me irreparable harm in that my constitutional rights will be infringed, my reputation and dignity will be harmed and integrity of the ongoing and/or pending legal proceedings in the Bloemfontein high court will be prejudiced.”
Bester said early last year he and Magudumana, who is also an accused in the escape case, were approached about a documentary — to be produced by Netflix — about his life and circumstances surrounding the criminal trial pending in the high court.
“Negotiations were held regarding the direction of the documentary, but no consensus could be reached between the parties. Accordingly the project was abandoned.”
Despite this, Netflix appeared to have continued with the documentary without his involvement and consent, Bester said.
It appeared from the direction of the documentary that it had deviated from what was discussed between the parties and leaned more towards his vilification.
“From the trailer it is apparent the documentary included commentary and allegations of a criminal nature against me, that are presented as fact, yet I was not afforded the right to reply to these allegations and comments.”
Bester said from the trailer it was clear the documentary prejudiced his right to be presumed innocent of the alleged crime of “escaping from prison” by portraying him as guilty before the trial has even entered the pleading stage.
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