Outspoken traditional leader, Chief Nhlanhla Ndiweni has filed an appeal application against both conviction and sentence at the High Court.
Meanwhile, Ndiweni’s 23 subjects whom he is jointly accused with of having vandalised property belonging to one of his subjects are appealing against 525 hours of community service sentence.
Ndiweni said that the court failed to recognise that he was empowered by law to banish subjects who would have violated customary law. In his application, the traditional leader said:
The court a quo erred in failing to appreciate that whatever the first appellant (Ndiweni) did was in the terms of which he subjectively believed was within his powers to do.appeal.
The court a quo erred in failing to appreciate that the Ndebele culture and customary law empower the first appellant to banish out of his jurisdiction any subject convicted of a customary offence. The court a quo erred in failing to appreciate that first appellant had a defence of a claim of right as provided for in terms of Section 236 and 237 of the Criminal Codification and Reform Act.
The Chief also contended that the punishment he was getting was rather not commensurate with the alleged crime considering that the damaged property was worth $300.
He wants the court to set the initial ruling to be set aside and be substituted with 24 months imprisonment of which six months will be suspended for five years and the remaining 18 months to be suspended on condition that he pays a fine of $20.
More: News Day
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