Court dimisses Bester and Magudumana's urgent bid to have Showmax's 'Tracking Thabo Bester' canned

Judge Stuart Wilson dismissed the urgent application lodged by convicted rapist and murderer Thabo Bester and Nandipha Magudumana to have the much-anticipated documentary, Tracking Thabo Bester, canned.

Wilson echoed in his judgment that although arguments were thoroughly executed, Bester’s legal representatives failed to convince him that airing the documentary would prejudice his trial at the Free State High Court.What I don’t understand is on what basis a pre-publication restraint is otherwise sought. There is no case of defamation made out, there is no case of injurious falsehood made out.

“I have been aware that one of the sources of the content of the documentary is a state witness in the trial, which I am presently facing and that he was paid at least R300 000 to provide content for the respondent's entertainment documentary, with further amounts due. “There is no other right in the law to pre-publication approval, where a public figure as Mr Bester arguably is, is the object of a media piece. Prosecutors have an overriding duty to ensure that the trial is fair in all respects,” he said.

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