JOHANNESBURG — Thabo Bester and Nandipha Magudumana filed separate urgent court applications on Tuesday to block Netflix from releasing a documentary about their criminal case.
The Johannesburg High Court will hear the matter on September 9, just three days before the streaming giant's scheduled premiere of "Beauty and the Bester" on September 12.
The couple's legal team argues the three-part series contains "inaccurate, defamatory and unsubstantiated claims" that violate their constitutional rights to dignity, privacy and a fair trial.
"This is a reckless and malicious attempt to distort the truth, smear his name, and damage his reputation in the public domain while his trial is still ongoing," Bester's attorneys said in court papers.
The convicted rapist and murderer claims Netflix produced the documentary without giving him a fair opportunity to respond to allegations. His legal team describes the content as "riddled with falsehoods" designed for sensationalism.
Magudumana echoes these concerns in her separate application. She highlights potential harm to her reputation and ongoing legal proceedings.
Netflix describes the series as featuring "courtroom footage and never-before-seen investigative material that peel back the layers of a story where love, manipulation, and corruption collide."
The trailer shows interviews with Magudumana's father, Zolile Cornelius Sekeleni, celebrity Pearl Thusi and TV personality Penny Lebyane discussing the couple's relationship.
This marks their second attempt to stop a documentary about their case. In March, they failed to prevent Showmax from airing "Tracking Thabo Bester."
Judge Stuart Wilson dismissed that application, ruling the couple showed only "generalised anxiety" about media coverage. He found no evidence the documentary posed real risk to the administration of justice.
"Reading the applicants' papers, I find almost nothing that even rises to conjecture or speculation," Wilson said at the time.
He added that public figures like Bester have no legal right to pre-publication approval of media content about them.
The Netflix series focuses on Magudumana's transformation from celebrated aesthetic doctor to accused criminal accomplice. It examines her role in Bester's 2022 escape from Mangaung Maximum Security Prison.
Bester faked his death in a prison cell fire in May 2022, using what authorities believe was the body of Katlego Bereng. DNA testing later confirmed the remains were not Bester's.
The couple lived lavishly in Johannesburg's upscale Hyde Park while Bester assumed false identities. Their capture came after a viral photo showed them shopping at Sandton City mall.
Police arrested them in Tanzania in April 2023 after a nationwide manhunt. They now face multiple charges including murder, fraud, corruption and defeating the ends of justice.
Their criminal trial is scheduled to run from November 10 until March 29, 2026. Both remain in custody - Bester at Pretoria's C-Max facility and Magudumana at a correctional facility for women.
The documentary promises exclusive interviews with friends and family trying to understand how a respected doctor became entangled with a convicted criminal.
Unlike the Showmax series that focused on the prison escape mechanics, Netflix's production delves deeper into Magudumana's personal story and dramatic fall from grace.
South Africans reacted with disbelief on social media to the couple's latest legal move. Many questioned where they obtained funds for legal fees while incarcerated.
Google searches showed Bester was the most searched person in South Africa in 2023, with Magudumana ranking fourth as the nation followed their story.
Netflix has not responded to requests for comment about the urgent court application. The streaming service faces similar pressure to Showmax, which successfully defended its right to broadcast.
MultiChoice group general counsel Steven Budlender said after winning that case they were "delighted that the Johannesburg High Court upheld the public's right to watch" such documentaries.
