Johannesburg - The South African ministry of justice and correctional services expects King Buyelekhaya Dalindyebo of the abaThembu royal family to begin his 12-year jail sentence on Wednesday.
Advocate Mthunzi Mhaga, spokesperson for the ministry of Justice and correctional services, on Tuesday said: “King Dalindyebo had applied for leave to appeal to the Constitutional Court, but the appeal application was dismissed on 2 December 2015”.
Mhaga added: “According to his bail conditions which become an order of court, he is expected to present himself to the head of Mthatha Correctional Centre within 14 days of the dismissal of his application which ends on 23 December 2015”.
He said the department of justice was aware of reports that King Dalindyebo - who was sentenced to 12 years in prison after he was found guilty of arson, assault, kidnapping and culpable homicide - was intending to seek a presidential pardon.
“Lately, there have been some reports suggesting that the President may grant King Dalindyebo a Presidential Pardon,” said Mhaga.
The Congress of Traditional Leaders of SA (Contralesa) in the Eastern Cape has warned that previous “misunderstandings” between King Dalindyebo and President Jacob Zuma should not get in the way of a possible pardon.
However, Mhaga said: “At the moment the department of justice and constitutional development and the ministry have not received such an application from King Dalindyebo.”
In order for the king - who shares the same nucleus of the abaThembu royal family with former president Nelson Mandela, the amaDlomo - to get a Presidential Pardon he will have to apply through the department.
“The role of the ministry of justice and correctional services is to provide administrative support to the President, who exercises his powers to grant or not to grant pardon, in terms of section 84 (2)(j) of the Constitution,” explained Mhaga.
“This supportive role entails receiving an application for pardon, obtaining all relevant information to the application for pardon and thereafter drafting the necessary documents for the President’s consideration. The President then applies his mind to the facts placed before him when deciding on an application for pardon.”
Mhaga said legally, there was “nothing preventing” any person who has been convicted and sentenced from applying for Presidential pardon before serving a sentence.
“It should therefore be clarified that the President and the minister have not given any impression that they may intervene in the matter involving King Dalindyebo as that would be interfering with the legal process”.
Previously some members of Contralesa suggested that “in line with tradition” a person from the abaThembu tribe be appointed to serve the 12-year jail sentence on behalf of the king - a suggestion that was outrightly rejected.
This means the king will have to begin his jail term on Wednesday.
African News Agency
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