King Dalindyebo avoids jail until Wednesday
The attorney who petitioned the ministry of Justice and correctional services to re-open the trial of King Buyelekhaya Dalindyebo on Wednesday successfully persuaded the Mthatha High Court to extend the abaThembu royal’s bail.
King Dalindyebo – who was sentenced to 12 years in prison after he was found guilty of arson, assault, kidnapping and culpable homicide – was expected to report to Mthatha Maximum Correctional Centre by midnight Wednesday to begin his sentence.
However, the Mthatha High Court extended King Dalindyebo’s bail until next Wednesday to allow the justice ministry to consider his petition to have his trial re-opened.
Earlier Wednesday spokesman Advocate Mthunzi Mhaga said: “The Ministry of Justice and Correctional Services has received a petition from Yasmin Omar, an attorney who claims to represent King Buyelekhaya Dalindyebo, which seeks to request Minister Masutha, MP, to direct that the trial of the King be reopened in terms of Section 327 of the Criminal Procedure Act”.
“This section provides for a petition to be submitted to the Minister when a person has exhausted all legal avenues and has been unsuccessful in all courts of the Republic,” said Mhaga.
“The minister is currently considering the petition and will respond as soon as all the necessary assessment has been done.” .
Mhaga said it was important to note that the bail conditions that were set by Mthatha High Court were still applicable.
“An application or petition by any individual or group that seeks to invoke section 327 of the Criminal Procedure Act does not suspend the bail conditions.”
However, hours later the king’s lawyers successfully persuaded the high court to extend his bail to 30 December