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- Former ANC youth league leader and councilor Andile Lungisa began serving his two-year jail sentence on Thursday.
- Meanwhile, Lungisa has asked the Constitutional Court for permission to appeal his sentence, after his applications to the lower courts failed.
- The NPA will oppose his request for bail, pending the outcome of the authorization to appeal, which is expected to take place on Monday.
Andile Lungisa, former leader of the ANC Youth League (ANCYL), has begun serving his two-year jail sentence at North End Prison in Port Elizabeth, the National Tax Authority (NPA) confirmed.
NPA regional spokeswoman Anelisa Ngcakani told News24 that Lungisa began serving her sentence on Thursday.
Ngcakani said Lungisa appeared before the Eastern Cape Superior Court in Port Elizabeth before the required deadline at noon Thursday.
“Yes, we can confirm that he has started serving his sentence,” he said.
Early Thursday, ANCYL convener Thandi Mahambehlala addressed Lungisa supporters in Port Elizabeth, saying he is being hunted by the “old guard” and that his time will come.
Mahambehlala, who was part of the leadership of the Youth League in the Western Cape when Lungisa was the vice president, pledged her support for the former leader.
“Andile is one of us. Those who are not here today, I want to tell you that every dog has its day. This persecution that we see today of Andile by the old guard, we are saying that his time will come. We are here as this generation to make sure Andile doesn’t walk alone through the prison walls, “he said.
He added that, as the younger generation, they would rally against whatever enemy they saw, “and we made sure to eliminate that enemy.”
Lungisa was convicted in 2018 of assault with intent to cause bodily harm after he smashed a glass jar on the head of a councilor for the district attorney Rana Kayser during a fight at a council session.
He appealed his sentence to the Supreme Court of Appeals (SCA), which rejected his request last week after finding there was no basis for interfering with the lower court’s ruling. It found that the lower court had adequately balanced Lungisa’s circumstances, the nature and gravity of the crime committed, and the interests of society.
Lungisa has now turned to the Supreme Court in hopes of overturning his conviction.
“Earlier today, the NPA received copies of its request to the Constitutional Court for authorization to appeal the sentence and the notification of the motion to request bail, pending the result of the request for authorization to appeal to the Constitutional Court. The request for bail will be heard on Monday in Grahamstown Superior Court at 2:00 pm. The NPA will oppose the bail, “said NPA regional spokeswoman Anelisa Ngcakani.
READ | Andile Lungisa given until Thursday to begin his jail term -NPA
On Thursday, the Herald reported that Lungisa argued in its lawsuit before the Constitutional Court that the general conditions of the prisons and the entire prison system had been affected by Covid-19, and that the prisoners were lying on top of each other.
“It is no secret that the prisons are overcrowded and are nests of violence, drug dealing and sodomy, nor that there are no prospects for rehabilitation as prisoners remain in custody 23 out of 24 hours.”
The Herald reported that Lungisa said the prisons could correctly be described as crime schools.
He argued that conditions in the prison were not conducive to human dignity, that there was little or no access to water, that there was no privacy when using the bathroom and that the food was appalling, The Herald reported.
In a recent interview with News24, Lungisa said that he was prepared for jail time, adding that he would continue as an activist in his community.
He has received support from former members of the Youth League who protested his imprisonment.
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