SKWEYIYA J treatment.36 However, it is not the seriousness of the right relied upon by an applicant alone that is decisive of whether leave to appeal will be granted in this Court. In my view, Mr Mpofu has failed to cross a preliminary hurdle. Leave to appeal and condonation should be refused, both on the ground that it is not in the interests of justice to grant them. Leave to appeal [59] It is trite law that leave to appeal to this Court should be granted only when two conditions are met. The application must raise a constitutional matter or an issue connected with a decision on a constitutional matter, and the interests of justice must favour the grant of leave. [60] What constitutional basis exists for this Court to intervene in Mr Mpofu’s sentence which essentially concerns a factual dispute? Ordinarily this would not be a constitutional issue. Mr Mpofu relies on section 28 of the Constitution to found this Court’s jurisdiction. The right enshrined in section 28 entitles a defined group – children – to its enjoyment, to the exclusion of others – adults. But the answer to the factual question as to Mr Mpofu’s age in this case determines the applicability of a constitutional right. It is also the first step in determining whether the South Gauteng 36 Section 28 of the Constitution provides in relevant part: “(1) Every child has the right— ... (g) not to be detained except as a measure of last resort, in which case, in addition to the rights a child enjoys under sections 12 and 35, the child may be detained only for the shortest appropriate period of time”. 26