“We have at this point in time received no warrant of arrest to execute in this case,” Brigadier Marinda Mills said in an e-mail to Sapa.
“The procedural matters regarding the appeal are handled by the National Prosecuting Authority.”
The NPA did not take phone calls from Sapa, and its spokesman Nathi Mncube only responded in a text message by saying: “We don’t deal with warrants, ask SAPS [SA Police Service].”
In 2009, Dalindyebo was convicted and sentenced to 15 years in prison for culpable homicide, assault with intent to do grievous bodily harm, arson, and kidnapping. He has since been out on bail.
Dalindyebo had reportedly not filed any papers for his appeal resulting in it collapsing.
The Star on Tuesday reported that Dalindyebo failed to process paperwork for the Supreme Court of Appeal and the case was thrown out.
“According to a communication between the registrar of the High Court in Mthatha and the registrar of the SCA, the file was returned to Mthatha registrar because the appeal had lapsed,” justice department spokesman Mthunzi Mhaga was quoted as saying.
“It is up to the NPA and the police to take the matter forward because on record there is no appeal at the SCA.
On Wednesday, the newspaper quoted Mncube as saying: “As the NPA, we also appealed the conviction on culpable homicide. The warrant of arrest has not been issued and will not be issued until the issue of the NPA appeal is resolved.”
He did not elaborate on this.