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Andile Lungisa now pins hope of staying out of jail on Supreme Court of Appeals

Apr 2, 2019
Andile Lungisa now pins hope of staying out of jail on Supreme Court of Appeals

Andile Lungisa lost his application for leave to appeal in the Grahamstown High Court

Port Elizabeth - Controversial African National Congress (ANC) Councillor in the Nelson Mandela Bay Municipality, Andile Lungisa's hopes of staying out of jail now rest with the Supreme Court of Appeals (SCA) after his leave to appeal his conviction and sentence in the Grahamstown High Court was thrown out on Tuesday.

Lungisa is now set to take his bid to the Supreme Court of Appeals in Bloemfontein.



However, many people who commented on Lungisa's tweet expressed their views that even if he was to approach the Constitutional Court, he would still lose as there was overwhekming evidence in a video that was shot during the brawl in which he assaulted a fellow Councillor.

He was released in May last year on a R10 000 bail after serving only 16 days of his two-year sentence at the North-end Prison, in Port Elizabeth, following his successful urgent bail application.

The controversial politician hired criminal defence attorney, Alwyn Griebenow, to help him appeal his conviction and sentence.

Lungisa, who in April last year was convicted on a charge of assault with the intent to cause Grievous Bodily Harm (GBH), was sentenced to three years behind bars at the beginning of May. 

One year was suspended for five years, so he was to serve an effective two-year jail term.

Andile Lungisa assault conviction

Lungisa faced charges of assaulting Democratic Alliance (DA) councillor, Rano Kayser, and allegedly smashed a glass jug filled with water over Kayser’s head during a brawl that broke out a Nelson Mandela Bay Municipality council meeting in October 2016.

As a result of that brawl, DA Chief Whip, Werner Senekal, was also injured. Kayser had to be rushed to hospital bleeding from a huge gush on his head while Senekal was allegedly stabbed in the back with a sharp object by ANC Councillor, Gamilihleli Maqula.

Reports suggested that trouble began when the ANC, which is now in opposition, objected to an item on the municipality's confidential green paper.

In the ensuing chaos, glass water jugs were thrown at Nelson Mandela Bay Municipality Executive Mayor, Athol Trollip, the Speaker and Councillors.

An ANC female Councillor collapsed in the mayhem and was also ferried to hospital.

Port Elizabeth police had to be called in to restore order after a security guard fired two warning shots while trying to control the fighting Councillors.

Kayser and Senekal later laid charges against Lungisa and Maqula.

The ANC blamed the fiasco on the DA.

Bail was granted after the Port Elizabeth Magistrate's Court heard that Lungisa needed to lodge his appeal petition to the High Court within three working days of his sentence, which he did. 

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