The Johannesburg High Court has dismissed an urgent application by convicted murderer and rapist Thabo Bester and Dr Nandipha Magudumana to interdict the broadcast by Showmax, of the documentary “Tracking Thabo Bester”.
Judge Stuart Wilson declined to order costs against the two in the case, pointing out that both were inmates.
Speaking outside court, Magudumana’s attorney said they were dismayed by the outcome, but would ensure their client has the opportunity to state her case in a documentary.
Bester and Magudumana failed to prove how the airing of the documentary would prejudice their right to a fair trial as the two are before the court.
The co-accused argued their rights would be violated should MultiChoice’s Showmax broadcast the documentary. But the court dismissed the application.
“There is accordingly no basis that I can recognize in law upon which the relief the applicants of sort can be granted the application must be dismissed,” says Judge Stuart Willson, High Court Judge.
Multichoice opposed the application, citing freedom of expression. The entertainment giant’s attorneys argued that the information presented on the documentary was already in the public domain.
While Magudumana’s attorney argued that Multichoice will profit from a documentary that was concluded without consulting its subject.
“It has subscribers, millions of subscribers. They’re going to get the money using her images, you know. Forget about the story is using her images which they say it’s there in the public space, well and good, but she will get her own space where she’s going to also give her side of the story through it documentary,” says Maschini Motloung, Magudumana’s attorney.
The four-part series is expected to premier later on Friday after being given the green light by the court.
Video: Showmax Documentary – Court dismisses Bester, Magudumana bid to interdict ‘Tracking Thabo Bester”
