Dalindyebo sticks to his guns, will not go to prison
Embattled aba Thembu King Buyelekhaya Dalindyebo says sending him to jail would be a violation of the rights he has as a king.
This after Justice minister Michael Masutha on Tuesday dismissed his petition for a retrial and said they expect Dalindyebo to present himself the Mthatha Correctional Centre on December 30.
“There are rights as king, rights protected by the international law, but not only the international law but also by the rules and
regulations of our legal rule,” says Dalindyebo.
He says besides the petition he sent to Masutha there is also the presidential pardon, and that too must be considered before he is imprisoned.
“I’m not looking for any favours. All I want is justice,” says Dalindyebo.
His legal team has confirmed their client will not present himself at Mthatha prison tomorrow.
The team has filed an application in the Mthatha High Court for the king’s bail to be extended yet again. This after Dalindyebo was granted an urgent court order to bring an action against the State, NPA and the Judge in his trial. The case will be heard on Wednesday afternoon.
Dalindyebo’s lawyer Zahir Omar says his client should not have to go to jail.
“We are asking the Minister of Justice to, in the petition, to refer the matter back in the Mthatha court. Tomorrow we sit down for the extension of the bail. We are saying it will be unconstitutional and unjust to imprison him while his case is continuing. The reason for this is that the king was wrongly convicted… they will be arresting innocent people,” says Omar.
Watch the video below for Dalindyebo’s full response:
Dalindyebo was granted a reprieve by the High Court in Mthatha on December 23, the day he was initially meant to report to the prison where he would start serving his 12-year sentence.
In 2009, Dalindyebo was sentenced to 15 years in prison for culpable homicide, assault with intent to do grievous bodily harm, arson, and kidnapping. He was granted bail pending the outcome of his appeal to the Supreme Court of Appeal (SCA).
On October 1, the SCA set aside Dalindyebo’s culpable homicide conviction, but confirmed the rest of the guilty verdicts. It reduced his sentence to 12 years.
He was subsequently granted R6 000 bail pending his appeal to the Constitutional Court.
The charges all relate to Dalindyebo’s mistreatment of his subjects between 1995 and 1996, on a farm he owned near Mthatha.
Dalindyebo set fire to the houses of three tenants to evict them because he believed they had breached tribal rules. He publicly
assaulted three young men for crimes they had allegedly committed.
Dalindyebo’s subjects beat to death a fourth man, Saziso Wafa, whom they had suspected of having been party to the alleged crimes.
They allegedly did this on the king’s instructions. The SCA was, however, not convinced that the king was guilty of culpable
Additional reporting by News24.