[ad_1]
- Andile Lungisa has received a notice to turn himself in within 48 hours to begin his sentence.
- He was found guilty and sentenced to three years in prison for assault with the intent to cause serious bodily harm.
- Confusion reigned over the deadlines proposed by Lungisa for filing an appeal with the Constitutional Court.
ANC Councilor Nelson Mandela Bay and former ANC Youth League Vice President Andile Lungisa has until Thursday to turn himself in to the prison services department, the National Fiscal Authority (NPA) said.
Lungisa initially received a notification last week to be delivered within 48 hours, but on Tuesday NPA spokeswoman Anelisa Ngcakani said the notification was incorrectly executed.
“There was a technicality regarding how the court served the notice. It has now been properly served. Therefore, 48 hours starts today. It expires Thursday, September 17, 2020.”
On Tuesday morning, Lungisa told News24 that he was heading to the Eastern Cape High Court in Makhanda to sign legal documents for a Constitutional Court appeal.
“The process of filing an appeal in Constitutional Court begins here at Grahamstown Superior Court, so we are on our way with my legal team to sign legal documents,” Lungisa said during a brief phone call.
But Lungisa’s attorney, Alwyn Griebenow, said: “I don’t know why he went to Grahamstown Superior Court today because there was no hearing in Grahamstown, I don’t know why. [Lungisa] I went there, there was no agreement for us to be there, the date for the bail request has not been confirmed and we are still waiting to receive that confirmation. I intentionally sent the state ombudsman and asked to know from her when we can bring the application to court. “
Griebenow said he has drafted documents for a request to ConCourt and is in the process of submitting those documents, “and we have requested that bail be extended pending the outcome of the Constitutional Court. [appeal]”.
If there is no bond extension, Lungisa must appear with the court clerk by Thursday to resume jail time, Griebenow confirmed.
DispatchLive reported that confusion reigned outside the High Court in Makhanda as to whether or not there would be a request for bail.
Lungisa was found guilty and sentenced to three years in prison for assault with intent to cause serious bodily harm in 2018.
The conviction was for breaking a glass water jug on the head of a district attorney’s councilor, Rano Kayser, during a council fight in 2016.
Lungisa had been released on bail pending the outcome of an appeal to the Supreme Court of Appeals (SCA) in Bloemfontein.
On Friday, the NPA asked Lungisa to turn himself in after the SCA dismissed his appeal.
The SCA said it found no basis to interfere with the judgment imposed by the trial court on the basis that the court had properly balanced the appellant’s personal circumstances, the nature and gravity of the crime committed, and the interest of society.
News24 reported that Lungisa had received a suspension letter from the provincial executive committee, along with an instruction to resign from his position on the council.
Did you know that you can comment on this article? Subscribe to News24 and add your voice to the conversation.
