Abathembu King Buyelekaya Dalindyebo has again avoided jail time after the Mthatha High Court granted him an extension to his bail.In granting the extension, Judge Lusindiso Pakade said there was no danger of Dalindyebo evading justice.
“For 20 years or over the applicant stood trial. In fact he is a permanent resident of Bumbane Great Place and a king over the AbaThembu tribe. It would be naive to think that a king can abandon his kingdom under whatever circumstances,” said Pakade.
The king was initially granted bail of R6000 in 2009 when sentenced to 15 years in prison by the Mthatha High Court.
Pakade yesterday extended the bail “until the finalisation of the appeal by the applicant to the Constitutional Court”.
This follows a failed bid by Dalindyebo to the Supreme Court of Appeal which upheld his conviction, although it reduced his sentence to 12 years after acquitting him on a charge of culpable homicide.
He was given 14 days by the SCA to surrender himself to authorities, which expires on October 21, an order that will no longer be applicable.
“The applicant has now approached the court on notice of motion to which he has attached a founding affidavit informing the court that he intends to appeal against the judgment delivered by the Supreme Court of Appeal and that he had already given instruction to his legal team to prepare an application for leave to appeal and for direct access to the Constitutional Court,” said Pakade.
He said the application for leave to appeal should be filed with the ConCourt Registrar within 15 days from October 1 (the day the SCA made the judgment).
“In essence there is no appeal pending in the ConCourt … Instead, an application for leave to appeal was filed in the Supreme Court of Appeal on 12 October 2015,” said Pakade.
Pakade said he was of the view that the ConCourt might come up with a different verdict to SCA.
“There is, in my view, a real likelihood that the Constitutional Court may interfere with the sentence on the basis of the delay in bringing the applicant to justice coupled with the undue delay in finalising the matter.
“A period of 20 years has lapsed since the commission of the offences in 1995.
“The applicant has been saddled with this case for about 10 years after his arrest.
“The interest of justice will not have been best served if the applicant is refused bail, serves his sentence and thereafter the Constitutional Court interferes with the sentence, either by suspending the sentence or granting him an option of a fine. Anything is possible in court,” said Pakade. – lulamilef@dispatch.co.za
Dalindyebo avoids jail time … again
In granting the extension, Judge Lusindiso Pakade said there was no danger of Dalindyebo evading justice.
“For 20 years or over the applicant stood trial. In fact he is a permanent resident of Bumbane Great Place and a king over the AbaThembu tribe. It would be naive to think that a king can abandon his kingdom under whatever circumstances,” said Pakade.
The king was initially granted bail of R6000 in 2009 when sentenced to 15 years in prison by the Mthatha High Court.
Pakade yesterday extended the bail “until the finalisation of the appeal by the applicant to the Constitutional Court”.
This follows a failed bid by Dalindyebo to the Supreme Court of Appeal which upheld his conviction, although it reduced his sentence to 12 years after acquitting him on a charge of culpable homicide.
He was given 14 days by the SCA to surrender himself to authorities, which expires on October 21, an order that will no longer be applicable.
“The applicant has now approached the court on notice of motion to which he has attached a founding affidavit informing the court that he intends to appeal against the judgment delivered by the Supreme Court of Appeal and that he had already given instruction to his legal team to prepare an application for leave to appeal and for direct access to the Constitutional Court,” said Pakade.
He said the application for leave to appeal should be filed with the ConCourt Registrar within 15 days from October 1 (the day the SCA made the judgment).
“In essence there is no appeal pending in the ConCourt … Instead, an application for leave to appeal was filed in the Supreme Court of Appeal on 12 October 2015,” said Pakade.
Pakade said he was of the view that the ConCourt might come up with a different verdict to SCA.
“There is, in my view, a real likelihood that the Constitutional Court may interfere with the sentence on the basis of the delay in bringing the applicant to justice coupled with the undue delay in finalising the matter.
“A period of 20 years has lapsed since the commission of the offences in 1995.
“The applicant has been saddled with this case for about 10 years after his arrest.
“The interest of justice will not have been best served if the applicant is refused bail, serves his sentence and thereafter the Constitutional Court interferes with the sentence, either by suspending the sentence or granting him an option of a fine. Anything is possible in court,” said Pakade. – lulamilef@dispatch.co.za
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