South Africa ยท North West Province
Thembekile Molaudzi: wrongly convicted, exonerated
Convicted of Murder, robbery with aggravating circumstances, unlawful possession of firearms and unlawful possession of ammunition.
Convicted2004
SentenceLife imprisonment for murder, 15 years for robbery and three years on each firearm and ammunition count, to run concurrently, imposed on 22 July 2004
Years in prison11
Exonerated25 June 2015
How the conviction was overturnedCourt of appeal quashed the convictions, with the Constitutional Court finding the evidence insufficient once inadmissible statements of co accused were excluded, Constitutional Court of South Africa, Molaudzi v S [2015] ZACC 201,2
What went wrong
- Reliance on out of court statements by co accused that the court held were inadmissible
- Uncorroborated oral testimony of co accused
From conviction to exoneration
- Sentenced by the High Court sitting at Mafikeng after conviction on four counts, and the Full Court later dismissed his appeal.1
- The Constitutional Court relaxed the res judicata rule in his second application, upheld his appeal, set aside his convictions and sentences, and ordered his immediate release. The State conceded the evidence could not sustain the conviction.1
- Released from Kgosi Mampuru II prison, a night later than expected because of load shedding.2
Today
Convictions set aside by the Constitutional Court in June 2015, and he was released.
Sources
- Constitutional Court of South Africa (via SAFLII), Molaudzi v S (CCT 42/15) [2015] ZACC 20 (25 June 2015)
- Daily Maverick, For Thembekile Molaudzi, justice delayed was justice denied (30 June 2015)