Molaudzi v The State

The applicant, Mr Thembekile Molaudzi, was convicted together with several co-accused of murder, robbery with aggravating circumstances, and unlawful possession of firearms and ammunition arising from the fatal shooting of Warrant Officer Johannes Dingaan Makuna in August 2002. The convictions were based almost exclusively on extra-curial statements made by co-accused, admitted against Mr Molaudzi. His convictions and sentences were confirmed by the Full Court of the North West High Court, and a petition to the Supreme Court of Appeal was dismissed. A first application for leave to appeal to the Constitutional Court was also dismissed. After two co-accused succeeded in constitutional challenges to the admissibility of similar evidence and had their convictions overturned, Mr Molaudzi brought a second application raising the same constitutional challenge, prompting the Court to consider whether the matter was barred by res judicata.

Leave to appeal was granted; the appeal was upheld; the Full Court order was set aside insofar as it related to the applicant; the applicant’s convictions and sentences on counts 1, 2, 4 and 5 were set aside; and the applicant was ordered to be released from prison immediately.

The case is significant for confirming that the Constitutional Court may, in exceptional circumstances, relax the doctrine of res judicata in criminal matters to prevent grave injustice. It affirms the Court’s inherent constitutional power to revisit final judgments where subsequent developments reveal a clear constitutional violation, particularly in relation to the admissibility of evidence and fair trial rights.