Relief for King Dalindyebo as judge extends his bail

2015-10-16 13:10
Buyelekhaya Dalindyebo (Picture: AP)

Buyelekhaya Dalindyebo (Picture: AP)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

There were ululations, songs and dancing, and a great sigh of relief as the Mthatha High Court extended the R6 000 bail application of the AbaThembu king Buyelekhaya Dalindyebo this morning, pending the finalisation of his appeal at the Constitutional Court.

The king is expected to file papers for leave to appeal his conviction and sentence of 12 years by the Supreme Court of Appeals at the Constitutional Court next week. He was convicted for crimes ranging from arson, kidnapping and assault to do grievous bodily harm to defeating the ends of justice.

Had the king been denied bail extension, which had been opposed by the state, he would have been expected report to Correctional Services officials by Wednesday.

But instead it was celebrations all the way inside Courtroom A as the AbaThembu monarch, who was not present in court, bought a little more time as a free man.

Mthatha High Court Judge Lusindiso Pakade delivered his judgment this morning. He said he had been convinced by advocate Jaap Cilliers (SC), who was representing Dalindyebo, that there was no danger that the king might evade justice and not serve his sentence if the Constitutional Court did not grant him leave to appeal or, after granting him leave to appeal, dismissed the appeal.

“For 20 years or [more], the applicant [Dalindyebo] stood trial ... he is a permanent resident of Bumbane Great Place and a king over the AbaThembu tribe. It would be naïve to think that a king can abandon his kingdom under whatever circumstances,” Pakade said.

Reading from his judgment in front of the packed courtroom, Pakade said the king’s application succeeded and that the bail granted to the king by the trial court was extended pending the finalisation of the appeal to the Constitutional Court.

The extension of bail was subject to some conditions, including:

» The king was ordered to surrender himself to the head of Mthatha Correctional Services within 14 days of the judgment by the Constitutional Court appeal if his appeal failed.

» In the event that he intended to leave the borders of South Africa, he should first obtain permission from the investigating officer 14 days before he was due to leave.

» The king was ordered to file an application for leave to appeal against both his conviction and sentence to the Constitutional Court, on or before October 22; and

» A warrant of arrest would be issued immediately if he failed to adhere to any of the bail conditions.

Nkosi Mfundo Mtirara, Dalindyebo’s spokesperson, said they were very happy about the outcome.

“We always trust the justice system. It is clear we are going to win even at the Constitutional Court. I have already communicated the news to the king. He is very happy and relieved for now, but it’s no time to celebrate for us because a lot still lies ahead,” he said. 
Read more on:    buyelekhaya dalindyebo  |  bail

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X

Inside News24

 
PARTNER CONTENT
INFOGRAPHIC: New thinking required for retirement

Everything we believe about retirement is fast becoming outdated.

PARTNER CONTENT
WATCH: How education can change a life

A university education gives students the chance to create a better future for themselves, their families and to opportunity achieve their dreams.

/News

Book flights

Compare, Book, Fly

Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.