By Lehlohonolo Lehana.
@DrNandipha.
The battle to stop the docu-series Tracking Thabo Bester on Showmax is being heard in the Johannesburg High Court today Friday with Judge Stuart Wilson presiding.
Bester and his accomplice Dr Nandipha Magudumana have each approached the high court to stop the documentary from being screened.
Showmax legal counsel Steven Budlender argues that Bester wanted to profit from the docu-series.
“The allegations against Bester and Dr Magudumana are incredibly serious and Showmax strongly believes that it is essential for viewers to have the opportunity to watch the documentary and form their own informed opinions.
“Showmax is of the view that the attempt to stop Showmax from doing so is without any legal merit and breaches the constitutional rights of the public.”
“The applicant is unhappy about the broadcast and wants to stop it, which is the reason for this application. The simple reality is that the applicant is aggrieved that he has not profited from the production of Showmax’s documentary. He wishes to protect only this pecuniary interest in this application.”
According to Budlender, none of the arguments made by Bester for why the broadcast of the Showmax documentary should be blocked are sustainable.”
“The application impermissibly and unreasonably seeks to infringe Showmax’s and its viewers’ constitutional rights to freedom of expression — which includes freedom of the press and other media.”
Budlender agrees that the producers of Tracking Thabo Bester have not interviewed Bester or sought his comment on the documentary.
“This is because the producers were informed during a phone call on 22 February 2024 with the National Spokesperson for the Department of Correctional Services, Singabhako Nxumalo, that, generally, interviews with parolees or inmates are not allowed unless a request for special permission for such an interview is lodged with the Minister of Correctional Services and granted.”
Meanwhile Magudumana in her papers, argues that the release of the Showmax documentary, which she admits she has not seen, will cause her “irreparable harm” if it is streamed.
Magudumana says Multichoice and Showmax “seek to poison the well by creating a biased impression and subject me to “the court of public opinion”.
Speaking about the documentary and the state of the South African prison system, director Nikki Comninos, who made her Showmax Original debut, expressed concerns.
“We tend to discuss Thabo Bester like it’s an isolated case, but it’s clearly not,” says Comninos.
“Bester has been depicted as some kind of anomaly for being able to run a business while incarcerated, but so did Dawie de Villiers – also a convicted rapist who lured his victims online – at a completely different prison. This raises questions about what is happening with the South African prison system.”
The premiere of the first episode of Tracking Thabo Bester is scheduled for 15 March 2024, exclusively on Showmax.