Zuma did not lose Dalindyebo case

By Drum Digital
25 October 2014

The Eastern Cape High Court in Mthatha has not granted King Buyelekhaya Dalindyebo of the AbaThembu an urgent interdict against President Jacob Zuma, the presidency said.

The Eastern Cape High Court in Mthatha has not granted King Buyelekhaya Dalindyebo of the AbaThembu an urgent interdict against President Jacob Zuma, the presidency said.

"The reports that President Jacob Zuma was unsuccessful in the high court matter... are incorrect and misleading," his spokesman Mac Maharaj said in a statement.

Dalindyebo brought an application for an urgent interdict to prevent Zuma from withdrawing a certificate recognising his kingship.

News channel eNCA reported earlier that the court granted the monarch the interdict, and also ordered Zuma to pay the legal costs involved.

Maharaj said director general in the presidency, Cassius Lubisi, previously submitted to the court that Zuma had decided not to consider the request by the AbaThembu Royal family to withdraw the Dalindyebo's certificate pending the outcome of the relief sought by the Dalindyebo in "part B" of the notice of motion.

Part B involves an application asking the court to decide which of two groups is the legitimate AbaThembu royal family, and also to declare some sections of the Traditional Leadership and Governance Framework Act unconstitutional.

Lubisi submitted that since Zuma did not intend withdrawing the certificate, there was no need for the court to grant the interdict.

Maharaj said acting Judge Justin Laing endorsed Zuma's decision not to withdraw the certificate.

He quoted part of the judgment: "Consequent to the first respondent's [Zuma's] decision not to consider the request to withdraw the certificate of recognition, the apprehension of harm on the part of the applicant [Dalindyebo] has fallen away".

"The court did not therefore make an order interdicting the president. The court agreed with the president's submission that he will not consider the request to withdraw the certificate of recognition until the whole matter has been finalised," Maharaj said.

"The court said the question of costs with regard to [the] urgent application to interdict, will only be decided once the matter has been heard as a whole, until part B has been adjudicated upon."

In July, Zuma wrote to Dalindyebo asking him to make representations about why his recognition certificate as king should not be withdrawn.

The AbaThembu royal family wrote to Zuma on October 1, 2012 and February 4, 2013 asking him to implement their decision, taken on September 29, 2012, to remove Dalindyebo as king.

-SAPA

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