Pretoria - Justice Minister Michael Masutha on Tuesday dismissed a petition by abaThembu King Buyelekhaya Dalindyebo to reopen his case.
At a press conference in Pretoria, Masutha said: “In the circumstances, I am unable to find anything contained in the aforesaid petition which constitutes ‘further evidence which has since become available, which materially affects his or her conviction’ and therefore am obliged to dismiss this petition.”
During 2009, Dalindyebo was sentenced to an effective period of 15 years’ imprisonment after being convicted on various crimes ranging from culpable homicide, arson, assault with intent to do grievous bodily harm and kidnapping by the Mthatha High Court.
On appeal to the Supreme Court of Appeal, his conviction of culpable homicide was set aside and the sentence was reduced to 12 years’ effective imprisonment.
A further appeal to the Constitutional Court failed, leading to Dalindyebo to petition the justice minister for a directive to reopen his case in terms of section 327 (1) of the Criminal Procedure Act 51 of 1977 (the Act).
Dalindyebo is currently on bail until December 30 when he is expected to hand himself over to the head of Mthatha Correctional Centre as per the order of the Mthatha High Court.