Convicted cop killer denied leave to appeal

2014-05-20 14:38
(Picture: Sapa)

(Picture: Sapa)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg - A North West man convicted of robbing and killing an off-duty policeman was denied leave to appeal by the Constitutional Court on Tuesday.

Thembekile Molaudzi and a number of co-accused were sentenced to life imprisonment for the murder and 21 years for robbery and possession of an unlicensed firearm and ammunition.

The North West High Court in Mahikeng sentenced them on 22 July 2004.

Molaudzi challenged his conviction before a full bench of the same court, but the appeal was dismissed.

The Supreme Court of Appeal refused a further application for leave to appeal. Molaudzi then approached the Constitutional Court on the basis that he had been wrongly convicted.

On Tuesday, the court denied him leave to appeal because the case did not raise a constitutional issue and there were no reasonable prospects of success.

"There is, however, one aspect that calls for comment and censure," read the judgment handed down by Judge Thembile Skweyiya and eight other judges.

"The applicant was sentenced on 22 July 2004. The appeal was only heard by the full court on 7 December 2012. How did this come about?"

Molaudzi alleged he was told he had to obtain a copy of the trial record before his application for leave to appeal could be considered.

The trial judge only signed a copy of the record in October 2008. The record was incomplete and Molaudzi was told the trial judge was attempting to reconstruct the record from her notes.

"Only after intervention by the Mahikeng Justice Centre and Lawyers for Human Rights did the applicant receive the full trial record in 2012, some eight years after his conviction and sentence," the judgment read.

"Judicial officers have a duty to ensure that egregious delays of this kind do not occur."

The court did not comment on the reasons for the delay since the matter was reported to and investigated by the Judicial Service Commission.

Read more on:    mahikeng  |  crime

Join the conversation! encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions. publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24


Meet instagram star, Pumpkin the racoon

With 300 000 followers and growing Pumpkin is winning over the internet!



The cats that cost R35 000
Miley Cyrus can’t get enough of her new puppy
13 guilty pets
Meet SA's top poacher-catcher

Book flights

Compare, Book, Fly

Traffic Alerts

In order to really connect to your feelings, you need to quieten your mind. Let go of expectations and connect to the moment more

There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.