Johannesburg - An attorney has petitioned the Ministry of Justice and Correctional Services to re-open the trial of abaThembu King Buyelekhaya Dalindyebo, who was expected to begin his 12-year sentence on Wednesday.
“The Ministry of Justice and Correctional Services has received a petition from Yasmin Omar, an attorney who claims to represent King Buyelekhaya Dalindyebo, which seeks to request Minister Masutha, MP, to direct that the trial of the King be re-opened in terms of Section 327 of the Criminal Procedure Act,” said spokesman Advocate Mthunzi Mhaga.
“This section provides for a petition to be submitted to the Minister when a person has exhausted all legal avenues and has been unsuccessful in all courts of the Republic”.
King Dalindyebo – who was sentenced to 12 years in prison after he was found guilty of arson, assault, kidnapping and culpable homicide – was expected to report to Mthatha Maximum Correctional Centre by the close of business on Wednesday to begin his 12-year jail sentence.
However, it remained unclear whether, in light of the petition by Omar, King Dalindyebo would report to the prison as directed.
“The minister is currently considering the petition and will respond as soon as all the necessary assessment has been done,” said Mhaga.
“It is important to note that the bail conditions that were set by Mthatha High Court are still applicable. An application or petition by any individual or group that seeks to invoke section 327 of the Criminal Procedure Act does not suspend the bail conditions.”
Mhaga said the minister had not been informed of any variation of the court order that requires King Dalindyebo to present or hand himself over to the head of Mthatha Correctional Centre within 14 days of dismissal of his leave to appeal by Constitutional Court which expires today, 23 December 2015.
“In the absence of a variation of that order he is expected to report at Mthatha Correctional Centre today (on Wednesday),” said Mhaga.
ANA