VAN DER WESTHUIZEN J this into account, were not decided by this Court. No finding was made on the prospects of success of the applicant’s case, as this Court often does. The fundamental reason for the res judicata principle, namely to avoid conflicting decisions on the same issue and to bring about finality,16 does not apply fully. [17] But, is it in the interest of justice to grant leave to appeal, in view of concerns about res judicata and finality, uncertainty about the applicant’s age and the question whether he was indeed a child offender, the long time that has elapsed since the commission of the offences in 1998 and the sentencing in 2001 and also the missing trial record? The answer depends partly on the importance given to the sentencing of children under section 28 of the Constitution as a constitutional issue. [18] In my view, the sentencing of children is a constitutional matter of great concern and import for the criminal justice system, beyond and above the interest of a specific applicant with a criminal record whose credibility may not be above suspicion. Mr Mpofu raises a constitutional issue. Whether he should be successful must be determined. In Fraser v ABSA17 this Court stated: “[A]n applicant could raise a constitutional matter, even though the argument advanced as to why an issue is a constitutional matter, or what the constitutional implications of the issue are, may be flawed. The acknowledgement by this Court 16 See above n 14. 17 Fraser v ABSA Bank Ltd (National Director of Public Prosecutions as Amicus Curiae) [2006] ZACC 24; 2007 (3) SA 484 (CC); 2007 (3) BCLR 219 (CC) (Fraser v ABSA). 9