Traditional leaders can’t override constitution – expert
Following the conviction and sentencing of King Buyelekhaya Dalindyebo, the Contralesa general-secretary Xolile Ndevu vehemently said a senior chief should serve the King’s 12 year prison sentence because the ‘African context’ allows it.
During an interview with Talk Radio 702’s Redi Tlhabi earlier today, Ndevu said the King is the king of AbaThembu, therefore AbaThembu can appoint a person to go to prison on the king’s behalf.
He added that earlier on when a king or the chief fell off from a horse, a subject was supposed to fall instead of the king falling.
However, constitutional expert Pierre De Vos said the South African Constitution allows specific, but limited role for traditional leaders.
“There is no provision in the Constitution which allows for someone to go in prison on behalf of the sentenced convict. That would actually be in conflict of the constitution,” said De Vos.
He said the King misinterpreted customary law as traditional leaders cannot override the constitution and basic principles of our democracy.
De Vos added the king would never emerge triumphant from the appeal he lodged at the Supreme Court of Appeal.
The king is facing 12 years behind bars after the Supreme Court of Appeal on Thursday dismissed his application to have his conviction overturned.
In 2009, the King was found guilty of kidnapping, arson, assault and defeating the ends of justice. He has pursued another legal route, the Constitutional Court.
King Dalindyebo argues his conviction is unconstitutional, saying the acts for which he was convicted were carried out under traditional law. The Democratic Alliance has since terminatedDalindyebo’s party membership.
– Caxton News Service
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