Holomisa: ‘process flawed’

2013-07-09 00:00

THE president of the Congress of Traditional Leaders of South Africa, Phathekile Holomisa, yesterday said customary processes were not exhausted before a complaint was laid with the Presidency against AbaThembu king Buyelekhaya Dalindyebo.

“They should have first called him and his brothers in the royal family to reprimand him about his conduct,” said Holomisa.

“They should have also called the traditional leaders of the AbaThembu to express their view about him before foreign institutions of government were called upon to intervene,” said Holomisa, who is also an AbaThembu chief.

He made the statements amid an investigation by Department of Co-operative Governance and Traditional Affairs (Cogta) into the conduct of Dalindyebo.

The probe was sparked by a complaint lodged with the Presidency late last year over the conduct of Dalindyebo, as well as his conviction and sentencing to 15 years in jail on several charges a few years ago.

The letter alleged that Dalindyebo did not conduct himself as a king.

One of the complainants, Nkosi Thanduxolo Mtirara of the Ngubengcuka royal houses, which Dalindyebo is part of, said they wanted the laws governing traditional leadership to be invoked.

The Traditional Leadership Framework provides for a traditional leader, including a king, who is found guilty and sentenced to more than 12 months’ jail without the option of a fine to be relieved of his royal duties.

However, Holomisa said there were many options that had to be looked at when a traditional leader was guilty of an offence.

Apart from dethroning a traditional leader, sanctions that could be imposed included a reprimand, fine, suspension or criminal charge, he said.

Meanwhile, Cogta officials were recently sent packing from Dalindyebo’s Great Place when they went there in an apparent attempt to have the matter ­considered at a meeting attended by the king and those with com­plaints against him.

Dalindyebo said the AbaThembu kingdom could not discuss the matter because it was still before the courts, as he was appealing his conviction and sentence.

“Most of the complaints are based on issues that are in court. We are still waiting for the court outcome,” he said.

He added that the letter of complaint had procedurally been lodged to the wrong office.

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