VAN DER WESTHUIZEN J commission of the offences. He relies on section 28(1)(g) of the Constitution,9 which provides that a child may only be imprisoned as a matter of last resort and for the shortest possible time. He argues that his life imprisonment should be set aside and replaced by a sentence that utilises the provisions of the Child Justice Act, even though this statute came into operation long after his sentencing. [8] In considering the application for leave to appeal, this Court was of the view that the application could not be determined without more information concerning Mr Mpofu’s age. Therefore, the Court appointed Mr Yakoob Alli of the Johannesburg Bar as amicus curiae to investigate the age of the applicant.10 He also acted as counsel for the applicant. We are grateful for Mr Alli’s assistance in this regard. The content of his report is discussed below. [9] After Mr Alli’s report had been received, this Court directed the DPP to lodge those portions of the High Court record that contained evidence relevant to determine the age of the applicant. The DPP was unable to trace the criminal record case file 9 Quoted above n 3. 10 The order of this Court dated 15 February 2012 reads: “The Constitutional Court has considered this application for leave to appeal and in the light of: (a) its conclusion that the application cannot be determined without accurate information concerning the age of the applicant and that it is therefore in the interests of justice to appoint an advocate of the Johannesburg Bar to investigate and provide this Court with a report containing all relevant information that will enable the Court to ascertain the age of the applicant; (b) the fact that Mr Yakoob Alli of the Johannesburg Bar has consented to investigate and report to this Court on the issue of the age of the applicant; appoints Mr Yakoob Alli as a friend of the Court to investigate and provide this Court, as soon as is practicable, with a report containing all relevant information that will enable the Court to ascertain the age of the applicant. The Registrar is requested to furnish a copy of all the papers lodged in this case to Mr Yakoob Alli.” 5