Molaudzi v S (CCT42/15) [2015] ZACC 20; 2015 (8) BCLR 904 (CC); 2015 (2) SACR 341 (CC) (25 June 2015)

Molaudzi v S (CCT42/15) [2015] ZACC 20; 2015 (8) BCLR 904 (CC); 2015 (2) SACR 341 (CC) (25 June 2015)

The Constitutional Court held that, although the doctrine of res judicata ordinarily precludes reconsideration of final judgments, it should not be applied rigidly in all circumstances. The Court found that the applicant's first application did not raise the constitutional challenge now before the Court, and that his circumstances were exceptional: he was unrepresented, serving a life sentence, and his co-accused had been granted relief on identical constitutional grounds. The interests of justice and the right to equality before the law required the Court to relax the res judicata doctrine and entertain the second application. On the merits, the Court found that the evidence against the...

Citation
[2015] ZACC 20
Parties
Applicant: Thembekile Molaudzi; Respondent: The State
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
25 June 2015
Case Number
CCT 42/15
Procedural Posture
Criminal Appeal / Appeal From Full Court of North West High Court, Mafikeng
Outcome
Leave to appeal granted; appeal upheld; convictions and sentences set aside; applicant to be released from prison immediately.
Judges
Mogoeng, Moseneke, Cameron, Froneman, Khampepe, Madlanga, Molemela, Nkabinde, Theron, Tshiqi
Legal Topics
Res Judicata, Inherent Jurisdiction, Admissibility of Evidence, Bill of Rights Limitation, Procedural Fairness
Constitutional Law Criminal Law Res Judicata Inherent Jurisdiction Admissibility of Evidence Bill of Rights Limitation Procedural Fairness

Case Brief

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Parties

Thembekile Molaudzi

Applicant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal From Full Court of North West High Court, Mafikeng

Legal Issues

  1. 1 Whether the doctrine of res judicata precludes the Constitutional Court from entertaining a second application for leave to appeal in criminal proceedings.
  2. 2 Whether the interests of justice require relaxation of the res judicata doctrine in exceptional circumstances.
  3. 3 Whether extra-curial statements by co-accused are admissible against an accused in criminal trials.

Ratio Decidendi

The Constitutional Court held that, although the doctrine of res judicata ordinarily precludes reconsideration of final judgments, it should not be applied rigidly in all circumstances. The Court found that the applicant's first application did not raise the constitutional challenge now before the Court, and that his circumstances were exceptional: he was unrepresented, serving a life sentence, and his co-accused had been granted relief on identical constitutional grounds. The interests of justice and the right to equality before the law required the Court to relax the res judicata doctrine and entertain the second application. On the merits, the Court found that the evidence against the...

Court Disposition

Leave to appeal granted; appeal upheld; convictions and sentences set aside; applicant to be released from prison immediately.

Orders

  • Leave to appeal is granted.
  • The appeal is upheld.