King Dalindyebo petitions for a retrial

The abaThembu King, who's expected to hand himself over today, has petitioned the Justice Minister.

AbaThembu King Buyelekhaya Zwelibanzi Dalindyebo. Picture:

CAPE TOWN - AbaThembu King Buyelekhaya Dalindyebo has petitioned Justice Minister Michael Masutha, calling for a retrial.

King Dalindyebo is expected to report to a correctional facility today, where he will begin serving a 12-year jail term.

In 2009, he was found guilty of various crimes, including assault and arson.

Mhaga says they still expect #Dalindyebo to report to correctional services before the end of the day. XK

He's already lost an appeal at the Constitutional Court, but claims he did not get a fair trial.

His lawyer, Zehir Omar, has told Eyewitness News the king will not be imprisoned today because a legal team will be applying for a bail extension in Mthatha.

"Thereafter, we'll refer the application to the Mthatha High Court. The Mthatha High Court will then have to adjudicate and decide whether the judge was correct in continuing with the trial, despite one of the two assessors having died during the course of the hearing."

Judge Masutha's spokesperson, Mthunzi Mhaga, has confirmed receipt of the petition and made it clear the petition does not mean King Dalindyebo will escape jail time.

"However, it should be noted, that the bail conditions which became an order of court requiring him to hand himself over today, on the 14th day, has expired."

#Dalindyebo Mhaga: The bail conditions requiring him to report (to prison) are not suspended by a mere submission of a petition. XK

Authorities are adamant King Dalindyebo still has to report to jail.