Black and white justice: Oscar Pistorius and the Xhosa King

The question of whether Oscar Pistorius is a murderer or not will now be argued in the Supreme Court of Appeal (SCA) following the successful application by the State to have his culpable homicide conviction reviewed.

Judge Thokozile Masipa handed down her ruling in the High Court in Pretoria on Wednesday.

Pistorius was sentenced to five years in prison for the Valentine’s Day shooting of his girlfriend Reeva Steenkamp.

But the State just can’t explain why DA-darling Xhosa King Buyelekhaya Dalindyebo has for five years managed to avoid a 15-year jail sentence for culpable homicide, while the State dithers over what to do about him.

SCA sources have confirmed that no appeal papers were filed by either side in the case. As there’s no appeal, Dalindyebo should have started serving his 15-year sentence, but he remains free.

“We are still dealing with the matter. We are unable to divulge any details at this point,” Nathi Mncube, national spokesman for the National Prosecuting Authority (NPA), said last week.

“It will be resolved soon.”

The Star had asked again why Dalindyebo wasn’t in jail, following the collapse of an appeal in the matter in early August.

He was convicted in 2009 of culpable homicide, assault with intent to do grievous bodily harm, arson, kidnapping and attempting to defeat the ends of justice, relating to disciplinary actions he ordered against his subjects in 1995 and 1996.

He was sentenced to an effective 15 years in jail.

Dalindyebo never filed appeal papers with the Supreme Court of Appeal (SCA), and in early August, the Department of Justice said the appeal had lapsed as he was now out of time.

He was expected to go to jail, but didn’t.

At the same time, the NPA explained the lack of action against Dalindyebo by saying it had also appealed against the culpable homicide conviction. But the NPA also never filed any appeal papers.

Dalindyebo openly admits to smoking dagga and has been accused of assaults, including on relatives.

Clearly the prosecutor in the Pistorius case loved the international media attention he was getting by attacking the famous white athlete. Gerrie Nel complained that the mercy shown Oscar Pistorius was “over-exaggerated”.

Nel called the sentence “shockingly inappropriate”, openly playing to the race-baiters.

“It’s like taking someone charged with murder and then convicting him on, say, public violence. It cannot be,” Nel ranted, while appealing the acquittal on murder of Pistorius.