Convicted AbaThembu King Buyelekhaya Dalindyebo will not get a pardon anytime soon.
This is because his conduct in prison is making it difficult for Justice Minister Michael Masutha to even start considering his application.
It is understood that the minister – who is not time-bound to decide on the application – is monitoring Dalindyebo’s behaviour even while also mindful of potential political fallout from the king’s continued incarceration.
A source in the department said contributing factors included:
lDalindyebo being the only convicted prisoner in the history of the country to refuse to wear the trademark orange prisoners’ uniform;
lThe pardon application came through a third party – the Eastern Cape chapter of the Congress of Traditional Leaders of SA (Contralesa) – and not Dalindyebo personally;
lHe has shown no remorse, nor has he accepted responsibility for the crimes – the first steps to a pardon.
“We have not had anything like that in the country’s history … even with Shaik he accepted his fate and the authority of prison management.
“Everyone keeps referring to him as the king.
“But the law is clear – he is no longer a king after his conviction.
“He is a prisoner, with a prisoner number,” said the insider, who has intimate knowledge of the case.
But Dalindyebo continues to defy the orders of prison authorities and has on repeated occasions demanded only to be addressed by Eastern Cape correctional services commissioner Nkosinathi Breakfast. He remains on a hunger strike.
Masutha will have to take all these issues into consideration when deciding on the pardon plea.
“Even if his doctor says he requests a medical parole, it can’t be considered because it is self-inflicted.
“He is the one on a hunger strike.
“We can’t consider a pardon without asking for a report from the correctional centre.
“He is badly advised … these things count against him,” said the source.
On Saturday, the Dispatch reported that Dalindyebo was stripped of his civilian clothing and stayed naked for three days as he refused to wear the orange uniform.
He also had his privileges – which include family visits, cigarettes, access to the shower and exercise – withdrawn as a result.
But the department of correctional services has denied that Dalindyebo was naked for this period, suggesting he was only without his clothes for an hour (see sidebar).
Masutha has to make a recommendation on the pardon application to President Jacob Zuma, who makes the final decision.
Constitutional law professor at the University of Cape Town Pierre de Vos said the Justice Department may be on sound legal footing by suggesting that the application was done incorrectly.
“If they are saying that the pardon has to be done personally and not by a third party that might be a good reason not to consider the pardon.
“If they are claiming to not want to consider the pardon because the king is allegedly behaving badly in prison that would be outrageous and illegal,” said De Vos.
De Vos added that a prisoner’s behaviour was hardly a reason to deny a pardon as the president had an “extremely broad discretion” – regardless of the prisoner’s behaviour or the crime for which he was convicted.
“The only way to know what the chances of a pardon are, one will have to go into the head of the president as he has the discretion either to pardon or not to pardon.”
The monarch was convicted by Judge Sytze Alkema in the Mthatha High Court in 2009 for crimes including culpable homicide, arson, kidnapping, assault and defeating the ends of justice.
He was initially sentenced to 15 years in prison until he appealed to the Supreme Court of Appeal, which set aside his culpable homicide conviction and reduced his sentence to 12 years.
The Eastern Cape chairman of Contralesa, Nkosi Mwelo Nonkonyana said: “They are not serious.
“This is a real concern. We will have to make a follow-up on that.”
Justice Ministry spokesman Mthunzi Mhaga would not respond to specific questions related to Dalindyebo, but confirmed that pardon applications were influenced by a number of factors.
“ on whether the person shows remorse for crimes committed … the proof of rehabilitation … also the victim-impact report.
“There will be a need for an admission of guilt as an indication of taking responsibility for their actions,” he said.
Mhaga said a reference from religious or reputable community leaders indicating that the applicant had reformed was another requirement.
King Buyelekhaya Dalindyebo has to stop tantrums ... or else he stays in jail
This is because his conduct in prison is making it difficult for Justice Minister Michael Masutha to even start considering his application.
It is understood that the minister – who is not time-bound to decide on the application – is monitoring Dalindyebo’s behaviour even while also mindful of potential political fallout from the king’s continued incarceration.
A source in the department said contributing factors included:
lDalindyebo being the only convicted prisoner in the history of the country to refuse to wear the trademark orange prisoners’ uniform;
lThe pardon application came through a third party – the Eastern Cape chapter of the Congress of Traditional Leaders of SA (Contralesa) – and not Dalindyebo personally;
lHe has shown no remorse, nor has he accepted responsibility for the crimes – the first steps to a pardon.
“We have not had anything like that in the country’s history … even with Shaik he accepted his fate and the authority of prison management.
“Everyone keeps referring to him as the king.
“But the law is clear – he is no longer a king after his conviction.
“He is a prisoner, with a prisoner number,” said the insider, who has intimate knowledge of the case.
But Dalindyebo continues to defy the orders of prison authorities and has on repeated occasions demanded only to be addressed by Eastern Cape correctional services commissioner Nkosinathi Breakfast. He remains on a hunger strike.
Masutha will have to take all these issues into consideration when deciding on the pardon plea.
“Even if his doctor says he requests a medical parole, it can’t be considered because it is self-inflicted.
“He is the one on a hunger strike.
“We can’t consider a pardon without asking for a report from the correctional centre.
“He is badly advised … these things count against him,” said the source.
On Saturday, the Dispatch reported that Dalindyebo was stripped of his civilian clothing and stayed naked for three days as he refused to wear the orange uniform.
He also had his privileges – which include family visits, cigarettes, access to the shower and exercise – withdrawn as a result.
But the department of correctional services has denied that Dalindyebo was naked for this period, suggesting he was only without his clothes for an hour (see sidebar).
Masutha has to make a recommendation on the pardon application to President Jacob Zuma, who makes the final decision.
Constitutional law professor at the University of Cape Town Pierre de Vos said the Justice Department may be on sound legal footing by suggesting that the application was done incorrectly.
“If they are saying that the pardon has to be done personally and not by a third party that might be a good reason not to consider the pardon.
“If they are claiming to not want to consider the pardon because the king is allegedly behaving badly in prison that would be outrageous and illegal,” said De Vos.
De Vos added that a prisoner’s behaviour was hardly a reason to deny a pardon as the president had an “extremely broad discretion” – regardless of the prisoner’s behaviour or the crime for which he was convicted.
“The only way to know what the chances of a pardon are, one will have to go into the head of the president as he has the discretion either to pardon or not to pardon.”
The monarch was convicted by Judge Sytze Alkema in the Mthatha High Court in 2009 for crimes including culpable homicide, arson, kidnapping, assault and defeating the ends of justice.
He was initially sentenced to 15 years in prison until he appealed to the Supreme Court of Appeal, which set aside his culpable homicide conviction and reduced his sentence to 12 years.
The Eastern Cape chairman of Contralesa, Nkosi Mwelo Nonkonyana said: “They are not serious.
“This is a real concern. We will have to make a follow-up on that.”
Justice Ministry spokesman Mthunzi Mhaga would not respond to specific questions related to Dalindyebo, but confirmed that pardon applications were influenced by a number of factors.
“ on whether the person shows remorse for crimes committed … the proof of rehabilitation … also the victim-impact report.
“There will be a need for an admission of guilt as an indication of taking responsibility for their actions,” he said.
Mhaga said a reference from religious or reputable community leaders indicating that the applicant had reformed was another requirement.
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