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Lungisa guilty verdict ‘contradictory, flawed and illogical’: ANC

By Afikile Lugunya - Apr 19, 2018
Lungisa guilty verdict ‘contradictory, flawed and illogical’: ANC

The African National Congress (ANC) in the Nelson Mandela Bay on Wednesday encouraged its Nelson Mandela Bay Councillor, Andile Lungisa, to appeal the judgement, which was handed down by the Port Elizabeth Regional Court on Tuesday.

The Court found Lungisa guilty of assaulting Democratic Alliance (DA) Councillor, Rano Kayser, during a heated Council brawl back in October 2016.

In the ANC’s view point the judgement is “contradictory, flawed and illogical”.

ANC Regional Secretary Themba Xathula described; “In the judgement, the judge notes that there was chaos in the council meeting because of political differences on how the meeting must proceed, but in his conclusion, he refuses to accept that this is a result of a political conflict, but in the same judgement he notes that; ‘The matter before me is not political, but a clear-cut criminal matter’.

“We differ with the logic that the judge used to arrive at his conclusion because firstly, the Council is a political terrain and is a contested political space between the political organizations with extreme differences in societal outlook.

“Secondly, comrade Andile was in attendance at the council meeting as a deployed by the ANC and therefore his participation in that council is political.

“Thirdly, the court relies on a footage, which does not capture the actions of comrade Andile in context, the footage doesn’t capture the manhandling and how comrade Andile`s space was invaded and threatened and by consequence acted in self-defence.”

Xathula also highlighted that the footage is political because it was captured by a member of their opposition while isolating Lungisa’s “actions in exclusion of other council members".

“As the ANC we are not blind to the fact that this case is political and therefore it's outcomes might be driven by political agendas to criminalize and at best to destroy comrade Andile Lungisa.”

He added that they are “not naïve to the inverse” and they are against the judgement.

“We would like for the court to consider changing the judge, as he has proven not to be sensitive to the political implications of the case and the tensions it might create in the broader political space if not handled with care, objectivity and the fairness it deserves,” Xathula said.

“The ANC would like to call on all members of the ANC and Nelson Mandela residents to be disciplined and allow comrade Andile Lungisa to appeal this process.

“We would also like to encourage them to exercise restraint and patience, as we are receiving information that there are groupings that are mobilizing themselves against the judgement.”