AbaThembu want king pardoned even if he is paroled

The AbaThembu royal house is still unclear about the technicalities, but is delighted that King Buyelekhaya Dalindyebo is now eligible for parole.

But the royal house will still campaign for the king to receive a presidential pardon, even if he is released on parole.  

On Monday, justice minister Ronald Lamola said Dalindyebo would benefit from the “remission of sentences” announcement by President Cyril Ramaphosa earlier in the day.

Dalindyebo's spokesperson, Prince Mthunzi Ngonyama, admitted that he would first have to consult with the king on what the decision meant.

“For now this is too technical and we have to know what is meant by the 12-months' remission. However, we are happy that he will be released and come back to lead his nation and work on the agriculture projects he embarked on before he was incarcerated,” Ngonyama said.

The remission was for a period of 12 months, which means that Dalindyebo — and other inmates — will have one year taken from their sentences.

Lamola said as a result, Dalindyebo would be eligible for parole in October.

“Through operational processes, a process will be undertaken as to when and how he will be released. So he benefits [from the remission]," the minister said.

He added that Dalindyebo's application for a presidential pardon was “still on the table of the president and has not yet been considered”.

Speaking at a Day of Reconciliation event in Bergville, KwaZulu-Natal, Ramaphosa said he had granted a “special remission of sentences” to prisoners and those out on parole.

While details were not provided in Ramaphosa's address, he said that the decision had been “carefully considered, taking into account the interest of the public and the administration of justice”.

Ramaphosa was adamant that prisoners who had committed sexual crimes would not qualify.

Ngonyama said even if Dalindyebo were released on parole, the royal house wanted Ramaphosa to grant him a full presidential pardon.

That view was shared by AbaThembu royal family spokesperson Nkosi Thandisizwe Mtirara.

Speaking on behalf of Dalindyebo's son and acting king Azenathi Dalindyebo, he said: “This is long overdue. We wish that he can be being released this minute. He was not supposed to have been incarcerated at all. We hope that the president will very soon announce his decision to pardon Zwelibanzi (praise name for Dalibdyebo)," said Mtirara

He said that AbaThembu  were angered by the king's imprisonment.

Mtirara said while many had publicly called for Dalindyebo's release, the acting king was “behind the scenes” engaging with Ramaphosa and Lamola, persuading them to release his father.

Congress of Traditional Leaders of SA and Eastern Cape House of Traditional Leaders provincial chair Nkosi Mwelo Nonkonyane said both institutions welcomed the news of the king's impending release.

“This is a step in the right direction. Sooner than later the president should pronounce that he has pardoned Zwelibanzi, as we all believe that the king is entitled to be pardoned,” said Nonkonyane.

Nonkonyane hoped that the release of Dalindyebo would create reconciliation with his family, his AmaDlomo clan and the entire AbaThembu nation.

“We hope that they will extend an olive branch to each other and, in the spirit of reconciliation, rebuild the nation and strengthen the relations within the royal family. There should be no infighting but unity,” said Nonkonyane.

Dalindyebo was sentenced to 12 years behind bars in 2015.

In April this year, a formal application for Dalindyebo's pardon was submitted to Ramaphosa. The presidency said at the time that Ramaphosa was applying his mind to the application.

In 2009, the Eastern Cape high court sentenced Dalindyebo to 15 years in jail on seven counts of kidnapping, three each of assault and arson, and one each of defeating the ends of justice and culpable homicide.

He appealed the sentences, but while it shortened the sentence to 12 years, the Supreme Court of Appeal upheld his conviction in 2015.

He started serving his prison term in December that year.

The charges related to mistreatment of Dalindyebo's subjects in the 1990s on a farm he owned near Mthatha.

Dalindyebo set fire to the houses of three tenants to evict them because he believed they had breached tribal rules.

He also assaulted three young men in public for allegedly committing crimes. A fourth man, who was suspected of having been party to the alleged crimes, was killed by members of the community.

The prosecution contended this was on Dalindyebo’s instructions‚ but the Supreme Court of Appeal was, ultimately, not convinced that the king was guilty of culpable homicide for the man's death.