AbaThembu King Buyelekhaya Dalindyebo has vowed to continue fighting his 12-year jail term despite his application for leave to appeal his conviction and sentence being denied by the Constitutional Court.
Dalindyebo told the Daily Dispatch in an exclusive interview that he had not yet run out of legal avenues, but would not expand on what these were.
The controversial monarch’s appeal was dismissed on December 2 and he has to report to prison on December 23.
Department of Justice spokesman Advocate Mthunzi Mhaga said if Dalindyebo failed to do so, “law enforcement will act”.
The Constitutional Court was Dalindyebo’s last legal port of call after the Supreme Court of Appeal (SCA) earlier this year dismissed his appeal against his conviction for kidnapping, arson and assault with intent to cause grievous bodily harm. The SCA had set aside his conviction for culpable homicide and reduced his sentence from 15 years to 12.
In the interview with the Dispatch, Dalindyebo expressed shock at the dismissal of his appeal by the ConCourt.
“I did not expect that. I thought that I will be given an opportunity to argue my case in the ConCourt,” he said, adding he had heard about the outcome last Friday.
Dalindyebo said it was not over yet and he had one last legal effort to pursue before handing himself over to the authorities.
“There are certain applications that I need to submit. Part of it was not submitted by my lawyers and I think it can be acceptable can make a different decision.
“There is no sin in trying and exploring every possible avenue.”
The king, who was jovial during the interview, did not elaborate further.
Dalindyebo’s spokesman Chief Mfundo Mtirara said family and those close to the king were in disbelief that he might have to go to jail next week.
“While accepting the rule of law, we do not believe that this is indeed real and is happening. It’s just like we are having a nightmare,” said Mtirara.
“Nobody is ready to go to prison under any circumstances.”
A meeting involving the king’s supporters and legal team has been scheduled for the end of the week to discuss a way forward.
Meanwhile, his victims celebrated the king’s failed ConCourt bid and expressed their happiness that he would have to go to prison.
But Mbuzeli Makhwenkwana said he was still not happy with the sentence.
“He was supposed to be given 30 years or more and rot in prison. He is a disgrace to the institution of kingship and royalty.”
The 52-year-old Makhwenkwana, who had his three rondavels burnt down by Dalindyebo, said he wanted to pursue a civil claim against a king but “would have to consult with his lawyer” first.
The royal family for the Kingdom of AbaThembu also welcomed the Constitutional Court’s decision.
The rival group‚ which includes Dalindyebo’s estranged wife, Queen Noluntu Dalindyebo, and members of the Mtirara family had written to President Jacob Zuma to have Dalindyebo removed from the throne.
“We believe that the decision of the Constitutional Court marks the end of the legal battles of Zwelibanzi Dalindyebo,” said the group’s spokesman Daludumo Mtirara.
NPA regional spokesman Luxolo Tyali said they were happy the matter had come to an end. — lulamilef@dispatch.co.za
King refuses to give up despite ruling
Dalindyebo told the Daily Dispatch in an exclusive interview that he had not yet run out of legal avenues, but would not expand on what these were.
The controversial monarch’s appeal was dismissed on December 2 and he has to report to prison on December 23.
Department of Justice spokesman Advocate Mthunzi Mhaga said if Dalindyebo failed to do so, “law enforcement will act”.
The Constitutional Court was Dalindyebo’s last legal port of call after the Supreme Court of Appeal (SCA) earlier this year dismissed his appeal against his conviction for kidnapping, arson and assault with intent to cause grievous bodily harm. The SCA had set aside his conviction for culpable homicide and reduced his sentence from 15 years to 12.
In the interview with the Dispatch, Dalindyebo expressed shock at the dismissal of his appeal by the ConCourt.
“I did not expect that. I thought that I will be given an opportunity to argue my case in the ConCourt,” he said, adding he had heard about the outcome last Friday.
Dalindyebo said it was not over yet and he had one last legal effort to pursue before handing himself over to the authorities.
“There are certain applications that I need to submit. Part of it was not submitted by my lawyers and I think it can be acceptable can make a different decision.
“There is no sin in trying and exploring every possible avenue.”
The king, who was jovial during the interview, did not elaborate further.
Dalindyebo’s spokesman Chief Mfundo Mtirara said family and those close to the king were in disbelief that he might have to go to jail next week.
“While accepting the rule of law, we do not believe that this is indeed real and is happening. It’s just like we are having a nightmare,” said Mtirara.
“Nobody is ready to go to prison under any circumstances.”
A meeting involving the king’s supporters and legal team has been scheduled for the end of the week to discuss a way forward.
Meanwhile, his victims celebrated the king’s failed ConCourt bid and expressed their happiness that he would have to go to prison.
But Mbuzeli Makhwenkwana said he was still not happy with the sentence.
“He was supposed to be given 30 years or more and rot in prison. He is a disgrace to the institution of kingship and royalty.”
The 52-year-old Makhwenkwana, who had his three rondavels burnt down by Dalindyebo, said he wanted to pursue a civil claim against a king but “would have to consult with his lawyer” first.
The royal family for the Kingdom of AbaThembu also welcomed the Constitutional Court’s decision.
The rival group‚ which includes Dalindyebo’s estranged wife, Queen Noluntu Dalindyebo, and members of the Mtirara family had written to President Jacob Zuma to have Dalindyebo removed from the throne.
“We believe that the decision of the Constitutional Court marks the end of the legal battles of Zwelibanzi Dalindyebo,” said the group’s spokesman Daludumo Mtirara.
NPA regional spokesman Luxolo Tyali said they were happy the matter had come to an end. — lulamilef@dispatch.co.za
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