Dalindyebo fights for his crown
Zuma has told the king that the abaThembu royal family agrees he should go, but it’s not that cut and dry
AbaThembu King Buyelekhaya Dalindyebo has not only lost his freedom and his salary, President Jacob Zuma has also threatened to revoke his royal status.
Zuma wrote a letter to Dalindyebo in April informing him that the royal family had requested that his certificate of recognition, which legally recognises his kingship, be removed.
The l etter, which the Mail & Guardian has seen, says Dalindyebo was to provide written representation by the end of April as to why his certificate should not be withdrawn.
“The request by the royal family of abaThembu is based on the fact that you have been convicted and sentenced for a period of 12 years by the court of law,” the letter states.
Dalindyebo was handed a 12-year sentence in December on charges of arson, assault and culpable homicide. He has been serving his sentence at an East London correctional facility for the past six months.
The king’s legal representative, Mvuzo Notyesi, responded at the end of April and instructed Zuma to retract the letter or face a court battle.
“The most glaring flaw with the letter is that it is not accompanied by any supporting documentation and is therefore prone to raise many questions which may otherwise have been avoided,” he wrote.
The nine-page response contains a list of questions, the crux of which is how it was possible to withdraw Dalindyebo’s certificate without him being present at the meetings at which the decision was taken.
Notyesi took issue with the premature termination of the king’s salary, saying the certificate had to have been withdrawn first.
“We are instructed to raise another important issue, namely the fact that with effect from February 2016, the South African government took and implemented a decision to terminate the monthly payment of our client’s salary,” the letter states.
In January, the director general of traditional affairs, Charles Nwaila, confirmed that there had been two requests submitted to Co-operative Governance and Traditional Affairs Minister David van Rooyen, Eastern Cape Premier Phumulo Masualle and Zuma calling for Dalindyebo to be administratively dethroned.
But Dalindyebo will not go without a fight; he has instructed his legal team to mount a three-pronged court challenge against his convic- tion — his lawyers are saying that, as a king, he cannot undergo trial proceedings as an ordinary citizen — his sentencing and the withdrawal of his certificate of recognition.
In addition, they are considering launching separate Constitutional Court actions or a single action against the president.
Notyesi said neither the presidency nor Van Rooyen has responded to their letter.
“The presidency has failed to respond or acknowledge our letter so we have a stalemate. First they terminate the salary of the king unlawfully, then they want to withdraw the certificate and when we respond to that no one cares to take us on.”
The spokesperson for the abaThembu royal family, Chief Daludumo Mtirara, said the family’s request for government intervention was based on the need for a successor.
“We want a change in the royal family and in January had asked the government for help in securing a new successor. At the end of January we all decided that the Ngangelizwe royal family would have authority over the kingdom, especially around issues of removal and appointing of a king.”
Mtirara said they then decided to request that government withdraw Dalindyebo’s certificate, a decision they had agreed on as a family at a meeting held in April.
But according to the Congress of Traditional Leaders of South Africa (Contralesa) provincial secretary, Chief Xolile Ndevu, the family’s failure to include the king in its discussions and decision is a contravention of the Traditional Leadership and Governance Framework Act.
“Contralesa as an organisation cannot dictate to the royal family what they can decide on,” Ndevu said. “The kingship is a matter for the royal family and the nation to decide on. But according to the Act, Dalindyebo should have been part of these meetings.
“The royal family meeting is not complete without his presence and they could have made means to include him in a meeting about him. In this case there is a problem because he is being removed without any representation,” said Ndevu.
The presidency and the department of co-operative governance and traditional affairs did not respond to questions last week.