AbaThembu King Buyelekhaya Dalindyebo could spend his first Christmas in jail this year after the Constitutional Court dismissed his application for leave to appeal his conviction and 12-year jail sentence.
The Constitutional Court was Dalindyebo’s last legal port of call and he is now out of options.
While the king’s staff yesterday said the king knew nothing about the Constitutional Court’s December 2 decision, his Pretoria attorney, Ettienne Naude, yesterday confirmed he was awaiting instructions from Correctional Services on when and where Dalindyebo should present himself for incarceration. Naude said his firm had written to the department.
The king is supposed to report to Correction Services to start serving his sentence within 14 days of the Constitutional Court’s decision but it was not clear whether this meant 14 ordinary or 14 “court” days. The briefly worded order, dated December 2, simply states that Dalindeybo’s application for leave to appeal was dismissed as there was no prospect of it succeeding.
If it is 14 ordinary days, he should report tomorrow. If it is 14 court days that takes it to December 23.
But Dalindyebo's spokesman, Chief Mfundo Bhovulengwe Mtirara, said they had no idea the matter had been concluded.
“How can it not be communicated to him? This is shocking and unbelievable. I was with the king this weekend and there was no such thing. We will investigate further. At the moment we know nothing about it.”
Mtirara confirmed that if the appeal had failed they were out of options.
“We are just hoping it is not true,” he said.
Contralesa provincial chairman Chief Mwelo Nonkonyana was shocked.
“We had hoped and prayed that our king would be saved from prison by the Constitutional Court. No, if the Concourt, the highest court, rules this way, we have no option, the law has taken its course,” said Nonkonyana.
Nonkonyana said it was not of concern to Dalindyebo and the AbaThembu nation only but to all traditional leaders in the country.
“We have to approach President Zuma and plead with him to grant His Majesty clemency,” said Nonkonyana, a practising advocate.
Dalindyebo joined Mkhonto WeSizwe at a tender age and played a major role in the liberation struggle after his father King Sabata Dalindyebo, known as Comrade King in ANC circles, was tormented by the Transkei government and his kingship brought into tatters.
“That could have affected His Majesty and that should be taken into consideration, hence we will appeal for the president to grant His Majesty clemency so that he can be kept in an environment suitable for a king and released as soon as possible.”
Asked if the king would likely be in jail by Christmas day, Naude said: “It’s in their hands.”
Despite Judge Lusindiso Pakade’s order that Dalindyebo should surrender himself to the head of Mthatha Correctional Services if his appeal failed, Naude said it was not definite that he would report to Mthatha prison.
He said he had specifically asked the department where Dalindyebo should present himself.
The Supreme Court of Appeal (SCA) earlier this year dismissed Dalindyebo’s appeal against his conviction for kidnapping, arson and assault with intent to cause grievous bodily harm.
But it set aside his conviction for culpable homicide, and lessened his 15-year sentence to 12. Not satisfied, Dalindyebo then approached the Constitutional Court.
Dalindyebo committed these crimes against some of his subjects in the mid-1990s. Now, 20 years later, the king will finally pay the penalty.
King faces Christmas in jail
The Constitutional Court was Dalindyebo’s last legal port of call and he is now out of options.
While the king’s staff yesterday said the king knew nothing about the Constitutional Court’s December 2 decision, his Pretoria attorney, Ettienne Naude, yesterday confirmed he was awaiting instructions from Correctional Services on when and where Dalindyebo should present himself for incarceration. Naude said his firm had written to the department.
The king is supposed to report to Correction Services to start serving his sentence within 14 days of the Constitutional Court’s decision but it was not clear whether this meant 14 ordinary or 14 “court” days. The briefly worded order, dated December 2, simply states that Dalindeybo’s application for leave to appeal was dismissed as there was no prospect of it succeeding.
If it is 14 ordinary days, he should report tomorrow. If it is 14 court days that takes it to December 23.
But Dalindyebo's spokesman, Chief Mfundo Bhovulengwe Mtirara, said they had no idea the matter had been concluded.
“How can it not be communicated to him? This is shocking and unbelievable. I was with the king this weekend and there was no such thing. We will investigate further. At the moment we know nothing about it.”
Mtirara confirmed that if the appeal had failed they were out of options.
“We are just hoping it is not true,” he said.
Contralesa provincial chairman Chief Mwelo Nonkonyana was shocked.
“We had hoped and prayed that our king would be saved from prison by the Constitutional Court. No, if the Concourt, the highest court, rules this way, we have no option, the law has taken its course,” said Nonkonyana.
Nonkonyana said it was not of concern to Dalindyebo and the AbaThembu nation only but to all traditional leaders in the country.
“We have to approach President Zuma and plead with him to grant His Majesty clemency,” said Nonkonyana, a practising advocate.
Dalindyebo joined Mkhonto WeSizwe at a tender age and played a major role in the liberation struggle after his father King Sabata Dalindyebo, known as Comrade King in ANC circles, was tormented by the Transkei government and his kingship brought into tatters.
“That could have affected His Majesty and that should be taken into consideration, hence we will appeal for the president to grant His Majesty clemency so that he can be kept in an environment suitable for a king and released as soon as possible.”
Asked if the king would likely be in jail by Christmas day, Naude said: “It’s in their hands.”
Despite Judge Lusindiso Pakade’s order that Dalindyebo should surrender himself to the head of Mthatha Correctional Services if his appeal failed, Naude said it was not definite that he would report to Mthatha prison.
He said he had specifically asked the department where Dalindyebo should present himself.
The Supreme Court of Appeal (SCA) earlier this year dismissed Dalindyebo’s appeal against his conviction for kidnapping, arson and assault with intent to cause grievous bodily harm.
But it set aside his conviction for culpable homicide, and lessened his 15-year sentence to 12. Not satisfied, Dalindyebo then approached the Constitutional Court.
Dalindyebo committed these crimes against some of his subjects in the mid-1990s. Now, 20 years later, the king will finally pay the penalty.
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