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Andile Lungisa went down fighting and still claims he was framed for the assault. (Photo: Deon Ferreira)
ANC Nelson Mandela Bay Councilor Andile Lungisa turned himself in to begin serving his two-year prison sentence for assault on Thursday, September 17, just before noon. Surrounded by sympathizers dancing and singing, he fell fighting. Lungisa will request bail on Monday after presenting documents in the Constitutional Court appealing his sentence.
Surrounded by supporters, Lungisa tweeted promising to overcome, delivered a short speech, and then entered the North End Prison in Port Elizabeth to begin the two-year sentence for assault with intent to cause serious bodily harm.
Lungisa was escorted by officials from the Department of Correctional Services.
In late August, the ANC regional task force instructed Lungisa, resign as councilor and member of the ANC branch task force.
The leading deputy of the Democratic Alliance for Nelson Mandela Bay group, Councilor Rayno Kayser, the man who was seriously injured when Lungisa struck him with a glass water jug, said he had no ill will towards him.
“I think the matter has come to a conclusion today. I still have migraines and flashbacks, but I’m trying not to let this interfere with my work for my constituency, ”he said.
“I respect the result. I have always placed my trust in the criminal justice system ”.
He said that regardless of how difficult it was for him to do this, his role as an elected official forced him to continue dealing with Lungisa, as he had held an important and strategic role as a member of the mayor’s committee dealing with water, sewerage. and electricity. issues.
“I had to get up,” he said. “I had to relate to him on a professional level. But outside of our professional relationship there was no friendship, ”said Kayser. “But if I saw him on the street I would say hi to him because that’s how they raised us.”
Commenting on Lungisa’s claim outside the prison that she “visited Kayser at her home,” Kayser said she believed it was a joke. “It just shows that he has a sense of humor. We are not friends. He doesn’t even know what my children are like, ”he said.
Lungisa’s conviction was related to an incident in the Nelson Mandela Bay Council Chambers in October 2016. At the time, the Democratic Alliance was in charge of the city. After another ANC councilor refused to leave the chamber at the request of the president of the council at the time, Jonathan Lawack, the president summoned security personnel to remove him. What followed was recorded by Ronaldo Gouws, also a councilor for the district attorney, on his cell phone. The meeting turned into chaos and Lungisa and another ANC councilor approached Lawack. Kayser, who was nearby, was hit on the head by Lungisa with a glass jug filled with water.
Kayser lost consciousness and was rushed to the hospital for medical treatment.
He suffered a series of injuries, including a cut to his temple that required stitches, several 5 to 10 cm cuts to his neck where the glass had to be surgically removed, and a cut to his chest.
Lungisa pleaded not guilty to a charge of assault with intent to cause serious bodily injury, but was subsequently convicted of that charge on April 17, 2018. On May 9, 2018, he was sentenced to three years in prison, of which one year was suspended for five years.
The magistrate presiding over the case determined that Lungisa was “an extremely poor witness” who “adapted his version as the trial progressed.”
This finding was confirmed by the Superior Court by confirming Lungisa’s conviction and sentence. The judges added that the sentence was “strong” but not so excessive as to justify an intervention.
Later, Lungisa approached the Supreme Court of Appeals arguing that his prison sentence was “surprisingly inappropriate.”
“It was presented that [Lungisa] he was sacrificed on the altar of deterrence and that a higher standard was applied to assess his guilt due to his high political profile than would have been applied to an ordinary person, ”said Acting Appeal Judge Nolwazi Mabindla-Boqwana in her judgment.
“As ANC leader on the council, responsible for instilling discipline among his fellow councilors and was a role model for aspiring political leaders, [Lungisa] He had a responsibility to lead by example. Instead, he did the opposite, and his fellow counselors actually followed suit and threw glasses at other counselors as well. The trial court was correct in its description of the councilors’ behavior as that of ‘street thugs’ and I commented that [Lungisa]”The conduct should not be tolerated … I may add that the sentence imposed by the court of first instance, in my opinion, would be equally appropriate even for an ordinary member of society, taking into account the seriousness of the crime”, Mabindla-Boqwana added before dismissing Lungisa’s appeal.
Regional spokeswoman for the National Tax Authority, Anelisa Ngcakani, confirmed that Lungisa had turned herself in to the Department of Correctional Services to begin serving her sentence around noon on Thursday.
He said that a request for bail for Lungisa will be heard on Monday, September 21 in the Makhanda High Court and that the NPA will oppose the bail. DM
