Shamed king vows to fight judiciary from jail

04 October 2015 - 02:02 By SABELO SKITI

Thembu King Buyelekhaya Dalindyebo has declared war on the judiciary as he prepares to petition the Constitutional Court in an attempt to avoid going to prison. On Thursday, Dalindyebo, 51, lost his Supreme Court of Appeal bid to stay out of prison for a slew of crimes that include arson, kidnapping and culpable homicide.Now he is determined to approach the Constitutional Court on the grounds that his prosecution effectively hindered him in his right to exercise his role and duty as a traditional leader."I am going to speak out about the judiciary from now on. Any other judge who gives a judgment as stupid and ill-advised as this one must know that I will attack them and I will not stop. Even if it is from a prison cell," he vowed on Friday night.Dalindyebo was addressing one of numerous groups of well-wishers who arrived at his palace at Bumbane near Mthatha on Friday. In high spirits, he said he knew his utterances could backfire against him, but it did not matter.story_article_left1"I am prepared to go to jail. I will not be the first king to go to jail. My own father went to jail and was robbed of this title, so I am not scared," he said.The convictions relate to incidents between 1995 and 1996 at Tyhalarha village, where Dalindyebo torched three properties belonging to local men, kidnapped the wife and children of one, and severely assaulted two boys of a trio of youths who had been accused of rape. He also gave instructions that the third boy, Saziso Wofa, 18, be assaulted. The teenager later died of his injuries.In the High Court in Mthatha, Judge Sytze Alkema had sentenced the king to 15 years' imprisonment, but this was reduced to 12 years by the appeal court - which also quashed Dalindyebo's conviction on culpable homicide.Its ruling seems to have rallied the king's loyalists, many of whom were at his palace on Friday night to show solidarity . He held court with legal representatives, close advisers, as well as fellow Thembu royals, and was later visited by local politicians and dignitaries .With each visit, the king and his visitors grew more confident, said his spokesman, Nkosi Mfundo Mtirara."Even though we are daunted by the road that lies ahead, we are strengthened by your presence and your prayers," Mtirara told one of the delegations.The king initially had 14 days to hand himself over to correctional services, but his decision to approach the Constitutional Court means he can now apply for an extension of that period.full_story_image_hleft1In a speech that lasted just over 30 minutes, Dalindyebo said his faith in God would see him through his troubles. His speech drew fits of laughter and some shocked expressions as he took aim at ANC leaders, who he called empty vessels, and even cracked jokes about his reputation for smoking dagga."Many people do not know that my mother was a Mpondo woman ... Then they wonder how I came to smoke dagga. I was born in this," he said to loud laughter. To his left sat close family friend MP Zoleka Capa, an ANC national executive committee member.Dalindyebo said the visit showed that some in the ANC still loved him. His "betrayal" by the DA should serve as a warning that the DA did not value black people. "If they can do that to a king, then who are you?" he said in reference to DA leader Mmusi Maimane's decision to expel him from the party.The king said his Constitutional Court bid would benefit other traditional leaders as it sought to clarify their role in South Africa's legal framework.story_article_right2He has maintained throughout his trial and appeal that his actions were borne out of his duties as traditional leader."Now, if our leaders believe that customary law is a subject of civil law then they must place that well so that it is well-administered. So that it does not rely on the discretion of a vindictive judge."Dalindyebo's victims were happy that his bid had failed, but felt his sentence was too lenient. Mbuzeni Makhwenkwana, whose two houses were torched and family chased away by Dalindyebo after he was arrested for murdering a woman he accused of being a witch, said his life had not been the same."This drove a wedge between me and my family. My wife never saw me as a man again because someone torched our home and nothing was done. She died never having forgiven me," Makhwenkwana said.He was later found guilty of killing the "witch"...

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