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AbaThembu King's family calls for retrial to appeal 12-year sentence

King Dalindyebo's brother says the family is hopeful & they want the minister to listen to their request.

FILE. In 2009, King Dalindyebo was found guilty of a slew of offences dating back to the late 1990s, including beating his subjects, some of whom died, for alleged crimes they committed. Picture: Supplied.

CAPE TOWN - As a second deadline looms for AbaThembu King Buyelekhaya Dalindyebo to hand himself over to correctional services; his relatives are calling for the Justice Minister to carefully apply his mind to a petition calling for him to be re-tried.

In 2009, King Dalindyebo was found guilty of a slew of offences dating back to the late 1990s, including beating his subjects, some of whom died, for alleged crimes they committed.

Last week, his bail was extended until tomorrow but the controversial royal wants his 12-year sentence overturned.

His brother, Siganeko Dalindyebo says the family is hopeful and they want the minister to listen to their request.

"We respect the rule of law, that's why even during this time we're requiring that the minister listen to the fact that if there's new evidence which is being presented, that alone will require the retrial because we can only be granted a retrial once there's new evidence."

The Supreme Court of Appeal and the Constitutional Court found the king guilty of ordering that some of his subjects be disciplined; and having their homes torched.

King Dalindyebo was supposed to report to the Wellington Prison in Mthatha, but his bail was extended after he applied for a presidential pardon.

CONTRALESA: REASONS KING DALINDYEBO SHOULDN'T BE JAILED

Contralesa recently said King Dalindyebo should not be jailed because he was acting under customary law when he committed the crimes he's been convicted of.

Dalindyebo used the same defence when he applied for leave to appeal in the Constitutional Court.

He claimed he was performing his duty as an officer of the judiciary when ordered his subjects to be assaulted and their homes torched.

That argument was rejected by the Supreme Court of Appeal and the highest court in the land.

General Secretary of Contralesa, Chief Xolile Ndevu said the courts should have taken this into consideration.

"If it were to be that and African systems and the customary laws were recognised in this country, it would be like saying the king was exercising his duties. He was presiding over cases that people undermined."