President Cyril Ramaphosa has received a recommendation from justice minister Michael Masutha to pardon the jailed AbaThembu King Buyelekhaya Dalindyebo.
Dalindyebo, who was imprisoned in the East London correctional centre on December 31 2015, is serving a 12-year jail term for arson, kidnapping, assault and defeating the ends of justice.
His eldest son, Prince Azenathi Dalindyebo, is acting as king in his absence.
On Thursday, Ramaphosa’s spokesperson Khusela Diko, said: ''I can confirm that the president has received, from the department of justice, a recommendation for a pardon for his majesty King Dalindyebo.
“This recommendation, received last week, follows a thorough and exhaustive process undertaken by the department of justice, including consultation with victims’ families and other stakeholders.
“The president is applying his mind to the recommendations and will thereafter make his decision which will be communicated to the king.”
The announcement came after some Eastern Cape monarchs on Monday resolved to give Ramaphosa seven days to release Dalindyebo, failing which they said they would not vote for the ANC and would mobilise their subjects to not vote for the ruling party either.
The presidency said the recommendation had been made to the president a week before the chiefs made their statement.
On Thursday afternoon the presidency said it had not yet received the correspondence from the kings.
On Monday, AmaMpondo Prince Mlamli Ndamase convened a meeting of kings at Walter Sisulu University in Mthatha to put pressure on the president to release the king by next Monday.
The Dalindyebo royal council held another meeting at the same time and day and spoke out about the attempts by acting king Azenathi Dalindyebo to speak to Ramaphosa and Masutha to try to persuade them to release the king.
Both meetings called for a presidential pardon. Their calls followed similar calls by Contralesa in 2017.
The distinction between the two royal meetings on Monday was that the royal council meeting at Bumbane did not threaten to call for an ANC ballot box boycott.
Among those who attended the first mentioned meeting were AmaXhosa King Mpendulo Sigcawu, Western Thembuland King Siyambonga Matanzima and Nkosi Mzubanzi Jali, who represented AmaRharhabe Acting Queen Noloyiso Sandile.
Also there was Prince Mthunzi Ngonyama, who represented Dalindyebo. Azenathi Dalindyebo was not present.
Sigcawu and Ndamase said that he had not been invited to avoid getting involved in an AbaThembu royal feud.
Many people have anticipated that Dalindyebo would spend Easter weekend at home or at least be released before the May 8 general elections.
At the meeting in Bumbane, Dalindyebo royal council chairperson Nkosi Thandisizwe Mtirara said: ''I can get a phone call at any time, that Zwelibanzi [Dalindyebo’s praise name] is being released. But all of that lies with the president.”
Towards the end of 2018 the call for the release of Dalindyebo gained momentum as there were rolling marches, some led by political parties and some by youth groups of traditional communities, including the AmaBhele.
Azenathi was behind the scenes, lobbying Ramaphosa and Masutha.
Justice spokesperson Max Mpunzana said a series of submissions, petitions and other correspondence was made to the office of the president calling for the granting of pardon.
“The first of which was by Contralesa in January 2016. This culminated in a letter and subsequent full application by the king himself submitted to the department of justice & constitutional development in February 2019.
“The king's application was forwarded to the president, together with all relevant information and advice by the minister of justice & correctional services in March 2019,” he said
The justice spokesperson said that the minister had made submission to the president on March 1.
He added that advocate Mthunzi Mhaga, at the minister of justice & correctional services’ instructions and through a brief issued by the state attorney, offered legal assistance to the minister by providing legal advice.
He also consulted with the directly affected stakeholders including the victims and members of the royal family, including the king himself.
“This to enable the minister to provide full advice to the president regarding the pardon application.
“Included among the reports contained in the application, is a positive report obtained from department of correctional services which provides evidence of his [king’s] readiness for release,” said Mpunzana.
He could not divulge how much was paid to Mhaga to carry out the brief, but Media24 reported that Mhaga had been paid R167,000 for the job.
This was denied by Mpunzana.
“Out of respect for the privacy of advocate Mhaga, we are not at liberty to disclose the payment amount.
“We will, however, state that the amount that is being bandied about in public is incorrect. They have their facts wrong.
“We have told the journalist concerned that the amount is way below the amount she put to us.”..