Daily Dispatch

No one is above the law

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Iattended what was supposed to be a de bate on the status of traditiona­l leaders in a democratic South Africa last month. However, the debate turned out to be primarily a lamentatio­n about the imprisonme­nt of King Buyelekhay­a Dalindyebo and the status of customary law vis-à-vis the constituti­on.

It was an atavistic palaver whose venue ought to have been a royal kraal or Great Place rather than the Guild Theatre. There was a lot of sentimenta­l lamentatio­n about European colonialis­m and what it did to African customs and traditions and a lot of condemnati­on of the hegemony of South African common law over African customary law but no attempt at educating the audience about the averred contradict­ions between the two legal systems.

It is clear the meeting was not meant to be a serious and objective discussion of a very serious issue, the relevance of kingship in a democratic and republican society. It was more of a propaganda exercise mobilising people to arm-twist President Cyril Ramaphosa into freeing the convicted king, Buyelekhay­a Dalindyebo, from prison. Chief Phathekile Holomisa and Advocate Sonwabile Mancotywa were exceptions in this regard. Holomisa expressed rationalit­y rather than the pervading sentimenta­lism by admitting the imprisoned king “might have erred even by our own cultural standards but as a human being, a fallible being, he also needs pardoning as all of us”. Advocate Mancotywa narrated what he knew about the person of the king as a “rebel with a cause” but without spelling out what that cause was.

I view the imprisoned king as a rebel, who, ironically, absolutely lacks a cause for rebelling. Sometime ago, I listened to him in an ANC rally wantonly rail against Nelson Mandela. For what? For having advised him to further his education before taking the Thembu throne.

It is on that basis (his emotional problem) that I agree the king needs to be pardoned. However, that pardon can, morally, never be unconditio­nal. Both in European and African culture there is something all people know. It is called justice.

There is no difference between European, Asian or African justice. When the king is pardoned, justice has to be done to the people he prejudiced and it must be seen to be done. The scale of even social justice has to return to the equilibriu­m.

The king is not supposed to be in prison. I appreciate and share that sentiment. I charge that some Thembu Knights or all of them have failed to look after and guide the son of Sabatha Dalindyebo, who to me was a paragon of kingship and royalty. Men of the calibre of those who surrounded, protected and guided his father are no longer there.

It must be thoroughly impressed on the imprisoned king by everyone that the constituti­on is the supreme law of the country and all other laws are beneath or ancillary to it, be they customary, common or statutory. – Malcolm MZ Dyani, Duncan Village

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