JUDGE Stuart Wilson has given Showmax the green light to proceed with the release of their docu-series, Tracking Thabo Bester.
This comes after the Facebook rapist Thabo Bester and his girlfriend Nandipha Magudumana took Showmax to court in a bid to stop Showmax from airing the docu-series.
The legal action took place at the Joburg High Court on Friday, 15 March, where the judge ruled that the docu-series can go live for streaming on Friday, 15 March, at 4pm.
Judge Wilson rejected the application and said Bester's case is already a public interest and they are both in jail waiting for a trial.
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The documentary was originally meant to be live for streamed from 2am this morning, Friday, 15 March.
The judge said there's nothing new in this case and the court had to strike a balance. He said the media has the right to broadcast.
"I have read the papers and am very familiar with these cases. I understand that their case is in the media space. This is an object of media piece," he said.
Wilson said this documentary already has what the public knows about the accused and their crimes.
Thabo Bester's lawyer, Llewellyn Morland raised the need for a balance between entertainment and legal considerations.
"This is an entertainment issue, but it must not be to the reporters. Some of the evidence I needed it is dealt with media before," he said.
Morland said the only thing he wanted was to see the documentary before it is aired.
Magudumana's lawyer, Advocate Machini Motloung, said he was happy they got to present their side.
"Her objection to the publication of this doccie series is about prejudice. There must be balancing in content," he said.
Advocate Machini Motloung said he is not happy with the outcome, but he is grateful the court gave them a chance to share their side.
"My client is also planning to release her own documentary. You will see it soon," he said.
Tracking Thabo Bester follows Bester's prison escape and his lavish lifestyle with his lover Magudumana.
Magudumana faces charges of fraud, corruption, aiding and assisting a prisoner to escape, arson and the violation of bodies relating to the escape of Thabo from prison in May 2022.
The couple was arrested in Tanzania in April 2023 after Bester escaped from the Mangaung Correctional Centre in Bloemfontein in May 2022.
