As rightly said “Just because the power is out doesn’t mean we unplug the constitution”. It is obvious that all is not well with the supreme court of Appeal Judge who consistently criticized King Dalindyebo in court.
The Society for the Protection of our Constitution (SPC) in South Africa has filed a complaint against a Supreme Court of Appeal judge Mahomed Navsa for calling jailed AbaThembu King Buyelekhaya Dalindyebo a “tyrannical and despotic king”. The SPC laid the said complaint with the Judicial Service Commission.
SPC secretary Muhammed Vawda accused Judge Mahomed Navsa of “attacking” or being complicit in attacking the king “more than 20 times in 83 paragraphs” in an SCA judgment that sent king Dylindyebo to prison.
The SPC described Navsa’s conduct as appalling, and posited that such act could propel many South Africans to loose faith in the Judicial System of the Country. He said “allowing judges to attack tribal leaders in court is against a judge’s ethics but also places a wedge between tribal constituency and others”.
It is pertinent to note that following the judgement of Mahomed Navsa, the SPC expressed dismay at some words used in describing King Dalindyebo. Navsa vehemently described King Dalindyebo as a “tyrannical and despotic king” who “ruled by fear and intimidation”.
It would be recalled that judgment was handed down in October, after King Dalindyebo appealed his conviction on charges of culpable homicide, assault with intent to do grievous bodily harm, arson, and kidnapping leveled against him. King Dalindyebo was said to have committed the aforementioned crimes against his subjects in 1995 and 1996.
Reports said that at the end of December, King Dalindyebo reported to Jail in Mthatha after he exhausted all legal avenues to hinder his imprisonment. It would be remembered that in October, his 15-year jail sentence was reduced to 12, after his culpable homocide conviction was overruled by the SCA. He was sentenced to 15 years imprisonment for culpable homocide and other charges in 2009.
Last week, following a hunger strike in protest against his incarceration, King Dalindyebo landed himself in a hospital. Report said that since January 3, he has been on hunger strike. However, on Monday, Correctional services said that King Dalindyebo was still under medical supervision at St. Dominic’s hospital located in East London. Speaking also on Dalindyebo’s health issue, his spokesperson Prince Mthunzi Ngonyama says the king was still receiving treatment at the St Dominic’s Hospital in East London and thanked all and sundry who have stood by them during this “trying time”.
He expressed sadness at the way the matter is being treated and labelled it “miscarriage of justice”. Still on the matter, Ngonyama said “His Majesty administered justice as requested by the traditional community who brought cases of theft, murder, rape [as well as] defiance of community resolution on reserved grazing land. He never had a personal vendetta against anyone among those accused, he never had any personal relationship that ended up in an outrage, he only acted as expected by the community that he led by virtue of being a King,”. He further said that the “miscarriage of justice” and the “crucifixion of the AbaThembu King” had led to deep divisions in the family, especially those who had personal vendettas against him”.