Please Mr President, keep me out of jail

AbaThembu King Buyelekhaya Dalindyebo is expected to make a public address tomorrow before reporting to prison to start his 12-year jail term.

The announcement comes as Contralesa provincial chairman Chief Mwelo Nonkonyana confirmed the organisation had launched a last-minute bid to keep Dalindyebo out of jail by pleading to President Jacob’s Zuma for clemency.

He said the submission would be sent late yesterday or early today to the Presidency.

“As you know it has never happened in recent history that a reigning king is incarcerated.

“The president has the power to pardon prisoners and we are actually trying to use that avenue to see if the president could grant clemency without (Dalindyebo) suffering the indignity of being incarcerated.”

This follows Dalindyebo’s failed Constitutional Court appeal to have his sentence overturned.

The court ordered that he report to prison within 14 days of the order.

Justice department spokesman advocate Mthunzi Mhaga said the 14-day period lapses tomorrow.

But political analyst Dr Somadoda Fikeni said it was unlikely that Zuma would grant “preemptive clemency that may stand a chance of being challenged”.

“With the Al-Bashir matter and the more recent appointment of David van Rooyen, he would be reluctant to cause controversy, especially a king whose political alignment is not of great significance.

“It is unlikely that this process would be reversed when it has gone through the appeals court and the Constitutional Court.”

Fikeni said Dalindyebo’s incarceration would help resolve the issue of succession without having to depose the king.

Dalindyebo’s spokesman Chief Mfundo Mtirara said a meeting between the king, royal family members and others last week was held to “discuss a way forward”.

Among the things discussed in the meeting was succession.

Dalindyebo, a father of 10, has already publicly pronounced that his eldest son Prince Azenathi Dalindyebo will take over from him in an acting capacity while he is in jail.

Azenathi is the son of the king’s first wife, Queen Nocollege Dalindyebo, also known as Buyiswa Majiki, a high court judge.

“In the meeting last week we stuck to our resolution that Azenathi is going to take over if the king goes to jail,” said Mtirara.

National Cooperative Governance and Traditional Affairs (Cogta) director-general Dr Charles Nwaila said the royal family was supposed to appoint the successor and forward that resolution to Zuma, Eastern Cape premier Phumulo Masualle and new Cogta Minister Des van Rooyen.

“But so far we have not received any resolution to that effect. Withdrawal and appointment of traditional leaders is a process guided by the royal family,” said Nwaila, adding that Dalindyebo “is still a reigning king until incarcerated”.

Nonkonyana said in the event they failed they wanted Dalindyebo to be placed under house arrest “so that he does not mingle with the ordinary criminals”.

“The other is trying to appeal to the victims to see what compensation they would prefer so that they themselves reconcile with their king.”

Mtirara said the king’s lawyers were looking at the issue of requesting clemency for the king.

“We are going to organise a meeting between the nation and the government.

“But such a meeting will not be this year as it is Christmas time. We are going to have to meet them early next year,” said Mtirara.

He said Dalindyebo’s Bumbane Great Place was “gripped with sadness”.

“We are all worried. It looks as if someone has died. But the king is not dying or going to the grave, but to a prison and is still alive. Even when he is in jail we will continue to consult with him.”