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Justice Ministry receives Petition to reopen King Dalindyebo Case

23 December 2015

The Ministry of Justice and Correctional Services has received a petition from Yasmin Omar, an attorney who claims to represent King Buyelekhaya Dalindyebo, which seeks to request Minister Masutha, MP, to direct that the trial of the King be reopened in terms of Section 327 of the Criminal Procedure Act. This section provides for a petition to be submitted to the Minister when a person has exhausted all legal avenues and has been unsuccessful in all courts of the Republic.

The relevant section is only applicable to that person if there is new evidence that has since surfaced that may affect his or her conviction. The Minister is currently considering the petition and will respond as soon as all the necessary assessment has been done.

It is important to note that the bail conditions that were set by Mthatha High Court are still applicable. An application or petition by any individual or group that seeks to invoke section 327 of the Criminal Procedure Act does not suspend the bail conditions.

The Minister has not been informed of any variation of the court order that requires King Dalindyebo to present or hand himself over to the Head of Mthatha Correctional Centre within 14 days of dismissal of his leave to appeal by Constitutional Court which expires today, 23 December 2015. In the absence of a variation of that order he is expected to report at Mthatha Correctional Centre today.

Enquiries: Advocate Mthunzi Mhaga
Spokesperson for the for the Ministry of Justice and Correctional services
083 641 8141 /