Thabo Bester, has bemoaned conditions at the Kgosi Mampuru II prison where he is currently in custody.
He filed a legal challenge against what he has called the inhumane conditions at the C-Max facility.
Through his legal team, Bester has raised concerns over his violation to human dignity and the unlawful detention conditions.
“I am not only fighting for my right to a fair trial but the basic human dignity that every detainee is entitled to,” the convicted murderer and rapist said.
“The current conditions at C-Max prevent me from defending myself adequately and strip me of my dignity. This legal challenge is not just for me but for all those who face similar inhumane conditions.”
Bester, who previously asked the court to impose the death penalty on him, faces charges relating to his escape from the Mangaung Correctional Centre in May 2022.
In a statement, Bester's lawyers said anyone who was arrested and detained has a right to a fair trial but this has not been the case for the 38-year-old.
“We can confirm that the accused, currently, is placed in solitary confinement for 23 hours per day, in a room with a small window,” his lawyers claimed, adding that “this can have profound impact on one's mental health and well-being”.
“The degrading conditions of solitary confinement violate the right to human dignity as guaranteed by the Constitution. Such treatment undermines the fairness of the judicial process by compromising the detainee's mental and emotional stability.”
They added that Bester's right to a fair trial has been violated by him not having access to his legal team.
“The current conditions at C-Max make it impossible for Mr Bester to exercise these rights effectively,” his legal team said.
Bester's legal team was urging the authorities to address the 'violations'.
"When the law fails to protect the dignity and rights of individuals, it ceases to be just and consequently loses its moral authority. It is imperative that we challenge and reform these unjust practices to uphold the true essence of justice and in this instance to ensure Mr Bester is afforded a fair trail," Bester's team said.
IOL has reached out to the Department of Correctional Services for comment.
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