The power to strip King Buyelekhaya Dalindyebo of his royal standing rests with President Jacob Zuma‚ the Eastern Cape Department of Co-operative Governance and Traditional Affairs (Cogta) said.

“King Dalindyebo remains the king of Abathembu‚” a provincial departmental statement said.

The department released the statement to clarify its position “following the decision by the Supreme Court of Appeal (SCA) to reject his application to appeal the Mthatha High Court 2010 conviction for arson‚ assault with intent to cause grievous bodily harm‚ culpable homicide and defeating the ends of justice‚ amongst other crimes”.

He was originally sentenced to an effective 15 years in prison‚ but this was reduced to 12 years by the SCA.

Dalindyebo has indicated his intention to approach the Constitutional Court.

“The powers to recognise and de-recognise a king reside with the president of the republic‚” the department said‚ adding that “the royal family is expected to formally inform the president‚ the Eastern Cape premier and the national minister of Cogta giving reasons why the king or queen should be removed from his/her position”.

Grounds for removal include:

- A conviction of an offence with a sentence of imprisonment for more than 12 months without an option of a fine;

- Physical incapacity or mental illness which‚ based on acceptable medical evidence‚ makes it impossible for the monarch to function as such;

- Wrongful appointment or recognition; or

- A transgression of a customary rule or principle that warrants removal.

“On the basis of a submission by the royal family to the president‚ he must withdraw the certificate of recognition to a king or queen and effect removal accordingly‚” the statement said.

“In the case of King Dalindyebo‚ the president’s office and the national (Cogta) department will lead the process at the appropriate time and inform the provincial government as the matter falls outside the powers of the premier in terms of the governing legislation‚” the statement said.