Thabo Bester and Dr Nandipha Magudumana’s efforts to block the airing of the Showmax documentary have been stopped by the Gauteng High Court in Johannesburg. The court dismissed their urgent application, ruling against the interdiction just hours before the scheduled broadcast on Showmax.
The couple who were caught and arrested in Tanzania tried to stop the documentary stating infringement on their rights.
The Court’s Decision
Bester and Magudumana, currently in custody awaiting trial for their involvement in a well-publicized escape, sought to halt the documentary’s release. However, Judge Stuart Wilson emphasized that the documentary’s content, including details of their escape and subsequent events, holds significant public interest. He noted that while concerns were raised about potential prejudice to the trial, there was insufficient evidence to warrant an interdict.
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Interdiction Rejected
Judge Wilson remarked that the applicants’ arguments lacked substantial merit, primarily resting on generalized apprehension about the documentary’s impact. He highlighted Bester’s grievance regarding lack of involvement in the documentary’s production but concluded it didn’t justify halting its release. Thus, the court denied the interdiction, allowing the documentary to proceed.
Furthermore, Judge Wilson ruled that each party would bear their own legal costs, a decision welcomed by Bester’s counsel, Neo Motsatsi.
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Disappointment and Future Plans
Motsatsi expressed disappointment at the ruling, emphasizing the importance of reviewing the documentary’s content, particularly statements attributed to Magudumana’s brother. However, due to logistical constraints, such as Bester’s solitary confinement, immediate action or appeal wasn’t feasible.
Magudumana’s legal representative, Machini Motloung, echoed similar sentiments, expressing disappointment but hinting at future endeavours. Motloung affirmed Magudumana’s intent to share her perspective, indicating the possibility of a forthcoming documentary.