VAN DER WESTHUIZEN J and submitted that the only available information regarding his age is that which is alluded to in the High Court judgment and Mr Alli’s report. [10] This Court then directed the DPP to procure the assistance of the South African diplomatic representatives in Harare, Zimbabwe, in order to obtain any available official documentation authenticating Mr Mpofu’s date of birth. The DPP did not procure this information. Leave to appeal [11] In order to determine whether leave to appeal should be granted in this case, three issues need to be considered, namely whether a constitutional matter is raised; whether the matter has already been adjudicated (res judicata); and whether it is in the interests of justice to grant leave. [12] Is a constitutional matter raised? In theory, every alleged unlawful detention or imprisonment directly affects the individual’s right to freedom and security of the person, protected in section 12(1) of the Constitution.11 But, appeals against sentence are not automatically constitutional matters falling within the jurisdiction of this Court. In this matter though, a constitutional issue does arise. The applicant relies 11 Section 12(1) states: “Everyone has the right to freedom and security of the person, which includes the right— (a) not to be deprived of freedom arbitrarily or without just cause; (b) not to be detained without trial; (c) to be free from all forms of violence from either public or private sources; (d) not to be tortured in any way; and (e) not to be treated or punished in a cruel, inhuman or degrading way.” 6