Opinion:
The AbaThembu king Dalindyebo has captured national attention in recent years. Before he was thrown in jail last year, he rather publically was recruited by Democratic Alliance Eastern Cape leader Athol Trollip into the official opposition fold – rather a daring move for a leader who is dependent on state largesse. Now he is arguing from his prison cell that he is a victim of the imposition of the Roman-Dutch law system – a Western imperialism construction – and that his kingdom has been rendered rightless. What exactly is the truth? Is he just an opportunistic thug, or does he have genuine arguments that his authority has been stolen? Cape Messenger editor Donwald Pressly looks at the matter
13 January 2017 – In a moving letter from his Eastern Cape prison cell King Zwelibanzi Buyelekhaya Dalindyebo has thanked the other kingdoms “who have shamelessly stood by me and have not accepted the victory of the Western justice systems that have reduced me to a commoner, a gangster, an instigator of crimes – with distorted facts”.
He blames his incarceration to the imposition of a foreign imposed – a settler- imposed – justice system, which is known as Roman-Dutch law. He argues that his kingdom has been reduced to tatters by a system which should go down the plug hole, just like the bath water.
Dalindyebo, who is serving a 12 year sentence at the East London Correctional Centre, said in a letter published by Black Opinion that the date 30 December 2015 was the anniversary of the victory of the Roman Dutch law-inclined South African justice system “that claimed superiority over our customary law values … it prevailed to have your king ridiculed, called names and thrown into a dark prison cell”.
The king has now served a year of his sentence. He was convicted in 2009 in the Eastern Cape High Court for seven counts of kidnapping, three of assault, three or arson, and one each of defeating the ends of justice and culpable homicide. After being sentenced, he appealed to the Supreme Court of Appeals. The higher court only set aside the culpable homicide conviction.
With the help of fellow kings – including Zulu king Goodwill Zwelethini – he has appealed for a pardon from President Jacob Zuma. The kings (with the exception of Zwelethini, who was unable to attend but expressed his support) met the president last October, but there has been no announcement made by the president since.
Rendering kings ‘irrelevant’ by subjecting them to the Bill of Rights
The king’s arguments are as follows, according to the letter: “The king is ruler of his nation. There is no king without sovereignty and that will remain a cold fact, except where the intention is to set the kings up and promote defiance – thus send all the kings to prison one by one. I have witnessed the subversion of kingdoms by some structures whose agenda is to render us irrelevant by subjecting every decision we take to the Bill of Rights in the constitution, as if kings have no rights.”
The king continues: “The main reason that the interpretation of the principle of equality before the law has been misconstrued by others, including our courts, is because in their minds kings don’t exist. It is hard to refute their understanding since there is no representation of the kings in three arms that make up the state – which are the judiciary, the executive and the legislature. But in the sober minds of customary law custodians, all three arms should exist under the jurisdiction of a kingdom of that particular nation.”
“My version is corroborated by the decision that was taken by the people who brought cases of theft, rape, murder to my Great Place with intentions of seeking justice.”
The king argued that the colonial and apartheid governments subverted the kingdoms and reduced kings to paramount chiefs and further administered them using the Transkei Authorities Act, Black Administration etc. “Those apartheid-era laws have now morphed into the Traditional Leadership and Governance Framework Act under the current dispensation. My status was determined using the parameters of these acts when my trial begun in 2004.”
“As the king of AbaThembu, I represent your heritage, your pride and identity – something that is slowly fading away in most minds. My hope is on young people, who need to hear the truth before they are influenced by Roman Dutch laws that were designed to determine our fate.”
This is the king’s argument. Just how a traditional system of law would deal with the king who had committed a crime is the million dollar question. Perhaps it is the suggestion of the king that he should, in fact, be above the law – whether it be a traditional law system or a Roman Dutch law system. It is most unlikely that the President will pardon Dalindyebo – who in the past has been highly critical of him. Even though Dalindyebo has quietly rejoined the African National Congress (and, of course, given up his aspirations of being a member of the Democratic Alliance), the president is unlikely to be highly sympathetic to his cause.
He will likely remain in prison for a while still.