The applicant, Oscar Vusi Thwala, was convicted in 2003 in the Gauteng Division of the High Court, Pretoria, on two counts of abduction, three counts of rape with aggravating circumstances, and two counts of unlawful possession of a firearm and ammunition. He was sentenced to three life sentences in terms of the Criminal Law Amendment Act 105 of 1997 (Minimum Sentences Act), together with additional terms of imprisonment. Over many years, he pursued multiple applications and appeals challenging both conviction and sentence, including applications to the Supreme Court of Appeal and the Constitutional Court, most of which were dismissed. In this third appearance before the Constitutional Court, he sought condonation and leave to appeal, alleging substantive unfairness of his trial and sentencing, including failure to await DNA evidence, language issues (Afrikaans), lack of notice of the Minimum Sentences Act, irregular sentencing proceedings, and hostile judicial conduct. He also sought to introduce post-conviction DNA evidence.
Condonation was granted, but leave to appeal against both conviction and sentence was refused.
The case reaffirms the strict application of the doctrine of res judicata in criminal proceedings and clarifies that relaxation of the doctrine under Molaudzi is reserved for truly exceptional circumstances. It underscores the importance of finality in criminal litigation and delineates the high threshold for reopening concluded matters on alleged fair trial violations or new grounds.