The applicant, Thembekile Molaudzi, was convicted in the North West High Court, Mahikeng, together with several co-accused, of the murder and robbery of an off-duty police officer, as well as unlawful possession of a firearm and ammunition. He was sentenced to life imprisonment for murder and a further 21 years’ imprisonment for the other offences. His appeal to the Full Court was dismissed, and the Supreme Court of Appeal refused leave to appeal. He then approached the Constitutional Court seeking leave to appeal, essentially on the basis that his conviction was factually incorrect. A significant delay of approximately eight years occurred in obtaining a complete trial record, which delayed the hearing of his appeal.
Leave to appeal was dismissed. The Registrar was directed to forward a copy of the judgment to the National Director of Public Prosecutions, the Minister of Justice and Constitutional Development, the Mahikeng Justice Centre, Lawyers for Human Rights, and the Judge President of the Mahikeng High Court.
The case reaffirms the limited jurisdiction of the Constitutional Court in criminal matters, particularly that it will not entertain appeals based purely on factual disputes absent a constitutional issue. It also highlights judicial concern about systemic delays in criminal appeal processes and underscores the duty of judicial officers to prevent unreasonable delays that may jeopardise fair trial rights.