JSC to consider complaint against judge's critique of Dalindyebo

2016-01-14 21:23
On Wednesday, King Buyelekhaya Dalindyebo started his 12-year jail term for assault with intent to do grievous bodily harm, arson and kidnapping. PHOTO: Felix Dlangamandla

On Wednesday, King Buyelekhaya Dalindyebo started his 12-year jail term for assault with intent to do grievous bodily harm, arson and kidnapping. PHOTO: Felix Dlangamandla

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Johannesburg - The Judicial Service Commission (JSC) has received a complaint against a Supreme Court of Appeal (SCA) judge for calling jailed AbaThembu King Buyelekhaya Dalindyebo a "tyrannical and despotic king", it said on Thursday.

In a letter addressed to the Society for the Protection of our Constitution (SPC) secretary, Muhammed Vawda, who filed the complaint, JSC secretariat Lynette Bios said the complaint would be forwarded to the Judicial Conduct Committee for consideration.

"The Secretariat will notify you of your complaint in due course," Bios ended.

Vawda accused Judge Mahomed Navsa of "attacking" or being complicit in attacking the king "more than 20 times in 83 paragraphs" in a SCA judgment that sent the king to prison.

The SPC said Navsa’s conduct in court brought the administration of justice into disrepute and made many South Africans lose faith in the justice system.

SPC wants sanctions

He wanted to know what sanctions Navsa would face.

The SPC took issue with the judgment which referred to Dalindyebo as a “tyrannical and despotic king” who "ruled by fear and intimidation”.

The judgment was handed down in October, after Dalindyebo appealed his conviction on charges of culpable homicide, assault with intent to do grievous bodily harm, arson and kidnapping. He committed the crimes against his subjects in 1995 and 1996.

The SCA overturned his culpable homicide conviction, but upheld his other convictions and reduced his 15-year jail sentence to 12 years.

Dalindyebo reported to jail in Mthatha at the end of December after exhausting all legal avenues to avoid doing so. Last week, he was admitted to hospital after a hunger strike in protest against his incarceration.

Read more on:    jsc  |  king buyelekhaya dalindyebo  |  crime

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