Judge Stuart Wilson has dismissed the application filed by convicted rapist and murderer Thabo Bester and Dr Nandipha Magudumana to have the Tracking Thabo Bester documentary canned.
Bester and Magudumana also have to pay their own legal costs arising from the case.
Bester and Magudumana sought legal assistance in a bid to prevent the docu-series from airing.
‘Tracking Thabo Bester' was expected to premiere in the early hours of Friday morning, and features interviews by GroundUp journalists Marecia Damons and Daniel Steyn as well as prisoners and prison warders at the Mangaung Correctional Centre and the family of Katlego Bereng Mpholo, the man whose burnt body was found in Cell 35, the cell Bester occupied whilst in prison.
In documents addressed to MultiChoice and Showmax, Bester and Magudumana wanted a full and complete copy of the series in order to establish if there were issues that could prejudice their rights.
Meanwhile, Bester stated that he did not grant any rights to produce, distribute or commercially exploit a documentary or film on his life.
As part of his application, Bester expressed concerns over an interview by Magudumana’s brother, Nathi Sekeleni. There were concerns as to what Sekeleni may have said in his interview.
However, Sekeleni furnished the court with an affidavit stating that he was not aware he would be called as a witness at the time of his interview.
In handing down judgment, Stuart said Bester’s escape from custody, how it was achieved, the characters involved and what happened after have been a matter of public interest.
MultiChoice has welcomed the court’s ruling.
Speaking to IOL, Steven Budlender, Group General Counsel at MultiChoice, said they were delighted that the Johannesburg High Court has upheld the public’s right to watch the 'Tracking Thabo Bester’ documentary.
“The fascinating documentary will shed light on the allegations against Thabo Bester and Nandipha Magudumana and allow the public the opportunity to make up their own minds and opinions about what took place,” he said.
The first two episodes of Tracking Thabo Bester will be available to stream exclusively on Showmax from 4pm on Friday.
IOL