‘Smacks of an uncaring attitude’: ConCourt slams Ramaphosa, predecessors over 24-year delay in pardon saga
Two men had spent years attempting to secure recognition that they had been wrongfully convicted.
The Constitutional Court has criticized Presidents Cyril Ramaphosa and his predecessors, Thabo Mbeki, Kgalema Motlanthe, and Jacob Zuma, for their failure to address a pardon application from two wrongly convicted men for 24 years. The court ruled that the delay was unacceptable and awarded the men constitutional damages, also ordering President Ramaphosa to cover the legal costs.
Fusi Simon Mofokeng and Tshokolo Joseph Mokoena were convicted in 1993 of murder, attempted murder, and conspiracy to commit robbery after a shootout in Bethlehem, Free State, in 1992. Their convictions were based on the testimony of a single state witness whose credibility was later questioned. Mofokeng and Mokoena were released on parole in 2011 after spending 19 years in prison, despite having maintained their innocence.
Their pardon application was initially submitted in 2001 and addressed multiple times over the years, but remained unresolved until December 2025. The court found that the delay resulted from "wilful neglect or gross negligence" and condemned the government's handling of the case as "shocking". The decision highlighted the government's failure to recognize the humanity of the applicants and their constitutional responsibility to protect their rights.
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