A South African court on Friday dismissed an application by convicted rapist Thabo Bester and his partner to halt Netflix’s planned documentary about his life, finding the matter was already in the public domain and that the petition applicants had not shown urgency.
Lawyers for Bester and his partner, celebrity doctor Nandipha Magudumana, argued the three-part film, titled Beauty and the Bester, was defamatory and sought an urgent interdict to block its release. Netflix defended the production and its decision to broadcast the investigation.
The judge said the rape and related convictions involving Bester were "firmly in public domain" and that the applicants had failed to show why the court should treat the matter as urgent. The ruling allows Netflix to proceed with the planned broadcast.
Bester was convicted in 2012 of raping and murdering his girlfriend, model Nomfundo Tyhulu. A year earlier he was found guilty of raping and robbing two other women. He became known in South Africa as the "Facebook rapist" after luring some victims through the social networking site.
The documentary reportedly examines how Bester, who was serving a life sentence, allegedly faked his own death and escaped from a maximum-security prison in 2022. Magudumana, who has been accused of helping him escape, appears in the film and was among those seeking to block its release.
Netflix has described the project as an investigative series and defended its reporting and editorial decisions in opposing the court application. The company argued that the issues covered by the documentary, including Bester’s convictions and the circumstances of his alleged escape, are matters of legitimate public interest.
Legal observers said the court’s finding that the subject matter is in the public domain undercut the applicants’ claim for urgent interim relief. South African courts generally require applicants seeking urgent interdicts to show that immediate judicial intervention is necessary to prevent irreparable harm, a standard the judge found unmet in this case.
The ruling does not determine the merits of any defamation claims that might be brought later. It simply allows Netflix to continue with the scheduled release of Beauty and the Bester while any substantive civil claims would have to be pursued through the usual court processes.
The case has drawn intense public attention in South Africa, where Bester’s convictions, his nickname and the dramatic allegations surrounding his disappearance and alleged escape have been widely reported. The planned Netflix series adds an international platform to reporting that has already featured in local media and public discourse.
Representatives for Bester and Magudumana did not immediately respond to requests for comment. Netflix declined to provide further details about the documentary beyond its description as a three-part investigation.