AbaThembu King files urgent application for bail extension
He was sentenced to 12 years in prison by the SCA after being convicted on several charges including arson.
CAPE TOWN - AbaThembu King Buyelekhaya Dalindyebo's lawyer has confirmed his client has filed an urgent application to have his bail extended.
He was sentenced to 12 years in prison by the Supreme Court of Appeal (SCA) after being convicted on several charges including arson, assault and kidnapping.
King Dalindyebo had applied for leave to appeal his convictions relating to the disciplining of his subjects in the mid-1990s.
A high court convicted him of culpable homicide and sentenced him to 15 years in jail.
He appealed to the SCA, which set aside his culpable homicide conviction and replaced his 15 year sentence with an effective 12 year prison sentence.
'JUSTICE HAS FAILED KING DALINDYEBO'
The King's lawyer says the justice system has failed his client.
Zehir Omar says two assessors were not present throughout the course of his trial and therefore, it should be re-opened.
"The minister of justice must refer the matter back to the High Court in Mthatha. It will be enormously anomalous to have King Dalindyebo punished unless it is found that he was a victim of a failure of justice. The ethics of that would be to deny the liberty of a person who is innocent, which is unconstitutional."
PLEA FOR RETRIAL DISMISSED
Meanwhile, Justice Minister Michael Masutha has dismissed an application by the AbaThembu King requesting his trial be reopened.
The justice minister has told journalists the King's argument, that the trial court was not properly constituted due to the death of an assessor, was never raised in courts.
The King is out on bail until tomorrow.