Justice sleeps as murder convict walks

Delivering his judgment in the case of Dikalelo Mphakelwa, charged with murder in 2015 and convicted in November 2025 following a staggering 13-year legal odyssey, Kebonang held that proceeding with sentencing would be “incompatible with justice, fairness, and human dignity”.

Kebonang noted that Mphakelwa’s case raised an unusual but critical constitutional issue, namely, whether the right to be tried within a reasonable time can be breached even after conviction, and if so, what remedy the court must apply. “Section 18(1) of the Constitution allows any person whose rights have been violated or are likely to be violated to approach the court for redress. There is nothing that prevents constitutional questions from being raised after conviction. To impose limitations on Section 18 would contradict the spirit of the Constitution,” Justice Kebonang stated.