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There were ululations, songs and dancing, and a great sigh of relief as the Mthatha High Court extended the R6 000 bail application of the AbaThembu king Buyelekhaya Dalindyebo this morning, pending the finalisation of his appeal at the Constitutional Court.
The king is expected to file papers for leave to appeal his conviction and sentence of 12 years by the Supreme Court of Appeals at the Constitutional Court next week. He was convicted for crimes ranging from arson, kidnapping and assault to do grievous bodily harm to defeating the ends of justice.
Had the king been denied bail extension, which had been opposed by the state, he would have been expected report to Correctional Services officials by Wednesday.
But instead it was celebrations all the way inside Courtroom A as the AbaThembu monarch, who was not present in court, bought a little more time as a free man.
Mthatha High Court Judge Lusindiso Pakade delivered his judgment this morning. He said he had been convinced by advocate Jaap Cilliers (SC), who was representing Dalindyebo, that there was no danger that the king might evade justice and not serve his sentence if the Constitutional Court did not grant him leave to appeal or, after granting him leave to appeal, dismissed the appeal.
“For 20 years or [more], the applicant [Dalindyebo] stood trial ... he is a permanent resident of Bumbane Great Place and a king over the AbaThembu tribe. It would be naïve to think that a king can abandon his kingdom under whatever circumstances,” Pakade said.
Reading from his judgment in front of the packed courtroom, Pakade said the king’s application succeeded and that the bail granted to the king by the trial court was extended pending the finalisation of the appeal to the Constitutional Court.
» The king was ordered to surrender himself to the head of Mthatha Correctional Services within 14 days of the judgment by the Constitutional Court appeal if his appeal failed.
» In the event that he intended to leave the borders of South Africa, he should first obtain permission from the investigating officer 14 days before he was due to leave.
» The king was ordered to file an application for leave to appeal against both his conviction and sentence to the Constitutional Court, on or before October 22; and
» A warrant of arrest would be issued immediately if he failed to adhere to any of the bail conditions.
Nkosi Mfundo Mtirara, Dalindyebo’s spokesperson, said they were very happy about the outcome.
