Thwala v S (CCT329/17) [2018] ZACC 34; 2019 (1) BCLR 156 (CC) (27 September 2018)

Thwala v S (CCT329/17) [2018] ZACC 34; 2019 (1) BCLR 156 (CC) (27 September 2018)

The Constitutional Court held that the doctrine of res judicata applies to the applicant's case, as the matter had previously been finally determined by the Court. While the doctrine may be relaxed in exceptional circumstances, such as in Molaudzi, the present case does not meet that threshold. The applicant's new grounds of unfairness, including the conduct of proceedings in Afrikaans and alleged judicial hostility, do not demonstrate manifest injustice or prospects of success. The Court found that the DNA evidence was not exculpatory and that the trial and sentencing proceedings were not unfair. The applicant was represented, the proceedings were interpreted, and the charge sheets were...

Citation
[2018] ZACC 34
Parties
Applicant: Oscar Vusi Thwala; Respondent: The State
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
27 September 2018
Case Number
CCT329/17
Procedural Posture
Leave to Appeal / Application for Condonation and Leave to Appeal to the Constitutional Court
Outcome
Condonation granted; leave to appeal refused.
Judges
Mogoeng, Zondo, Basson, Cameron, Dlodlo, Froneman, Goliath, Khampepe, Mhlantla, Petse, Theron
Legal Topics
Right to Fair Trial, Res Judicata, Minimum Sentences Act, Dna Evidence, Language Rights, Sentencing Irregularity
Criminal Law Constitutional Law Right to Fair Trial Res Judicata Minimum Sentences Act Dna Evidence Language Rights Sentencing Irregularity

Case Brief

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Parties

Oscar Vusi Thwala

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Condonation and Leave to Appeal to the Constitutional Court

Legal Issues

  1. 1 Whether the doctrine of res judicata precludes reconsideration of the applicant's conviction and sentence.
  2. 2 Whether exceptional circumstances exist to relax the res judicata doctrine in this case.
  3. 3 Whether the applicant's right to a fair trial under section 35(3) of the Constitution was violated.

Ratio Decidendi

The Constitutional Court held that the doctrine of res judicata applies to the applicant's case, as the matter had previously been finally determined by the Court. While the doctrine may be relaxed in exceptional circumstances, such as in Molaudzi, the present case does not meet that threshold. The applicant's new grounds of unfairness, including the conduct of proceedings in Afrikaans and alleged judicial hostility, do not demonstrate manifest injustice or prospects of success. The Court found that the DNA evidence was not exculpatory and that the trial and sentencing proceedings were not unfair. The applicant was represented, the proceedings were interpreted, and the charge sheets were...

Court Disposition

Condonation granted; leave to appeal refused.

Orders

  • The application for condonation is granted.
  • Leave to appeal is refused.