AbaThembu King Buyelekhaya Dalindyebo will remain a free man for the next two weeks.
It emerged yesterday that according to a judgment by Mthatha High Court Judge Sytze Alkema in 2009, Dalindyebo has up to two weeks to hand himself over to authorities following his failed Supreme Court of Appeal bid.
On Thursday, it was reported that the AbaThembu monarch had 48 hours to report to the nearest correctional services and change his clothes for orange overalls to begin his 12-year prison sentence.
This was after five SCA judges had dismissed his appeal.
But in the 2009 judgment Alkema wrote: “The accused is ordered to surrender himself to the SAPS Liaison Officer, at the offices of the Director of Public Prosecutions, Mthatha, within 14 days of the judgment on the appeal and/or the date on which the appeal is struck from the roll of the Court of Appeal.”
Yesterday, Department of Justice spokesman Mthunzi Mhaga said the original judgment took “precedence” over the 48-hour period which was standard practice.
Mhaga said the 14 days would commence from the date of the SCA decision, which means Dalindyebo is left with a further 12 days to appeal to the Constitutional Court as from today.
Speaking to the Saturday Dispatch yesterday, a visibly relaxed looking Dalindyebo said he would lodge an appeal to the Constitutional Court as he believed there were elements of constitutionality in the matter.
He said if his Constitutional Court bid failed he would report to jail and dismissed claims that he was above the law.
“There is no king who is above the law. Everyone is equal before the law,” he said.
The Saturday Dispatch was told that Dalindyebo’s legal team had already asked the Mthatha High Court for copies of the original judgment with a view to appeal the SCA outcome.
Meanwhile, an insider in the Department of Correctional Services said when Dalindyebo did report to prison, he would be placed among the general population.
“He is not going to get any special treatment.”
Correctional Services spokesman Manelisi Wolela said: “All offenders are treated equally in correctional services, a principle we are committed to implement.
“During an offender’s first 21-day orientation phase, each centre does an assessment and determines appropriate security, accommodation and rehabilitation needs of an offender.”
King gets two-week jail respite
It emerged yesterday that according to a judgment by Mthatha High Court Judge Sytze Alkema in 2009, Dalindyebo has up to two weeks to hand himself over to authorities following his failed Supreme Court of Appeal bid.
On Thursday, it was reported that the AbaThembu monarch had 48 hours to report to the nearest correctional services and change his clothes for orange overalls to begin his 12-year prison sentence.
This was after five SCA judges had dismissed his appeal.
But in the 2009 judgment Alkema wrote: “The accused is ordered to surrender himself to the SAPS Liaison Officer, at the offices of the Director of Public Prosecutions, Mthatha, within 14 days of the judgment on the appeal and/or the date on which the appeal is struck from the roll of the Court of Appeal.”
Yesterday, Department of Justice spokesman Mthunzi Mhaga said the original judgment took “precedence” over the 48-hour period which was standard practice.
Mhaga said the 14 days would commence from the date of the SCA decision, which means Dalindyebo is left with a further 12 days to appeal to the Constitutional Court as from today.
Speaking to the Saturday Dispatch yesterday, a visibly relaxed looking Dalindyebo said he would lodge an appeal to the Constitutional Court as he believed there were elements of constitutionality in the matter.
He said if his Constitutional Court bid failed he would report to jail and dismissed claims that he was above the law.
“There is no king who is above the law. Everyone is equal before the law,” he said.
The Saturday Dispatch was told that Dalindyebo’s legal team had already asked the Mthatha High Court for copies of the original judgment with a view to appeal the SCA outcome.
Meanwhile, an insider in the Department of Correctional Services said when Dalindyebo did report to prison, he would be placed among the general population.
“He is not going to get any special treatment.”
Correctional Services spokesman Manelisi Wolela said: “All offenders are treated equally in correctional services, a principle we are committed to implement.
“During an offender’s first 21-day orientation phase, each centre does an assessment and determines appropriate security, accommodation and rehabilitation needs of an offender.”
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