Johannesburg - Errant King Buyelekhaya Zwelibanzi Dalindyebo is still not in jail despite losing his appeal last week.
“His bail has been extended for 14 days in line with the conditions imposed by the trial court,” said National Prosecuting Authority spokesman Luvuyo Mfaku.
“It was stated that, should the appeal fail, he would be given 14 days to report to a correctional facility in line with a certain section of the Criminal Procedure Act.”
Correctional Services spokesman Manelisi Wolela confirmed on Sunday that Dalindyebo had not yet reported.
Dalindyebo is understood to be planning to appeal to the Constitutional Court after the Supreme Court of Appeal (SCA) on Thursday dismissed most of his appeal, but reduced his effective sentence from 15 years to 12 years.
His Mthatha High Court conviction of culpable homicide was set aside but convictions of assault with intent to do grievous bodily harm, arson, kidnapping and attempting to defeat the ends of justice remained.
The case arises from actions in 1995 and 1996 against Dalindyebo’s subjects; the criminal case took years before ending in his conviction in 2009, followed by a chaotic appeal process during which Dalindyebo avoided jail despite appeal papers not being filed until late last year.
“He hasn’t gone to jail. He plans to go to the Constitutional Court, which, as the royal family, we regard as a delaying tactic. He is wasting his time,” said Nkosi Daludumo Mtirara, the spokesman for the royal family of the AbaThembu kingdom on Sunday.
“We don’t know which Constitutional Court grants kings permission to commit such crimes. It’s delaying tactics.”
The SCA was scathing in its criticism of Dalindyebo’s actions, saying he abused his position as a king and was lucky to escape a harsher sentence.
Dalindyebo’s position as AbaThembu king remains unclear.
The AbaThembu royal family removed him from the position more than a year ago, citing both the conviction and other incidents, then sent the paperwork to the government and President Jacob Zuma for Zuma to formally withdraw the certificate of kingship.
But Dalindyebo’s certificate remains intact, although the AbaThembu now regard him as a former king. The Presidency did not respond to queries.
The AbaThembu welcomed the SCA judgment and had hoped to start planning the way forward for the tribe this month. But that has now been delayed in the expectation of the Concourt case.