The historic dethroning and filling the vacancy created by the imminent jailing of AbaThembu King Buyelekhaya Dalindyebo is unlikely to be a lengthy process.All the AbaThembu royal family needs to do is meet and decide to dethrone the nation’s controversial monarch, inform Eastern Cape premier Phumulo Masualle, the national traditional affairs department and President Jacob Zuma.
And should Dalindyebo’s certificate of recognition be withdrawn, he will be the first traditional leader to suffer this fate since the law governing the institution of traditional leadership, the Traditional Leadership and Governance Framework Amendment Act, was promulgated in 2003, according to traditional affairs director-general Dr Muzamani Charles Nwaila.
In terms of the law a king, queen, senior traditional leader, headman or headwoman is removed if convicted of an offence and sentenced to imprisonment of more than 12 months without the option of a fine.
In October, the Supreme Court of Appeal sentenced Dalindyebo to 12 years’ imprisonment for culpable homicide, kidnapping, assault, arson and defeating the ends of justice.
He had been appealing his 2009 sentencing to 15 years imprisonment and earlier this month the Constitutional Court dismissed another appeal, effectively shutting the door for the AbaThembu king.
While Dalindyebo has anointed his student son, Crown Prince Azenathi, customary law expert Professor Digby Koyana believes it is the royal family who must recommend his successor.
Those opposed to Azenathi’s ascent claim his mother, Mthatha High Court Judge Buyiswa Majiki, was not of royal ancestry but Koyana said this was not the sole guiding factor.
Koyana said the eldest son succeeded the father except when there were exceptional circumstances.
Those opposed to Azenathi becoming king want his father’s unemployed younger brother, Mankunku, described as not wise or vigilant, according to one of the AbaThembu chiefs.
“But he can take the nation forward. The king is just a ceremonial head who rules through the royal council,” the chief said. — nsidimbal@sowetan.co.za
Replacing AbaThembu king not a lengthy process
All the AbaThembu royal family needs to do is meet and decide to dethrone the nation’s controversial monarch, inform Eastern Cape premier Phumulo Masualle, the national traditional affairs department and President Jacob Zuma.
And should Dalindyebo’s certificate of recognition be withdrawn, he will be the first traditional leader to suffer this fate since the law governing the institution of traditional leadership, the Traditional Leadership and Governance Framework Amendment Act, was promulgated in 2003, according to traditional affairs director-general Dr Muzamani Charles Nwaila.
In terms of the law a king, queen, senior traditional leader, headman or headwoman is removed if convicted of an offence and sentenced to imprisonment of more than 12 months without the option of a fine.
In October, the Supreme Court of Appeal sentenced Dalindyebo to 12 years’ imprisonment for culpable homicide, kidnapping, assault, arson and defeating the ends of justice.
He had been appealing his 2009 sentencing to 15 years imprisonment and earlier this month the Constitutional Court dismissed another appeal, effectively shutting the door for the AbaThembu king.
While Dalindyebo has anointed his student son, Crown Prince Azenathi, customary law expert Professor Digby Koyana believes it is the royal family who must recommend his successor.
Those opposed to Azenathi’s ascent claim his mother, Mthatha High Court Judge Buyiswa Majiki, was not of royal ancestry but Koyana said this was not the sole guiding factor.
Koyana said the eldest son succeeded the father except when there were exceptional circumstances.
Those opposed to Azenathi becoming king want his father’s unemployed younger brother, Mankunku, described as not wise or vigilant, according to one of the AbaThembu chiefs.
“But he can take the nation forward. The king is just a ceremonial head who rules through the royal council,” the chief said. — nsidimbal@sowetan.co.za
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