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The president of the Supreme Court of Appeals (SCA), the president Mandisa Maya, the judges of the SCA concerned (judges Nambitha Dambuza, Caroline Nichols, Shares Weiner and Nolwazi Mabanda-Boqwana), and the presiding judge of the Division of the Eastern Cape of the Supreme Court Chief Justice Selby Mbenenge demanded a retraction of convicted criminal and former leader of the ANC Youth League, Andile Lungisa, following the allegations he made last week.
The SCA earlier this month dismissed Lungisa’s appeal against his conviction and sentence for assault.
In 2018, the former youth league leader was convicted of assault with intent to cause serious bodily harm and sentenced to three years in prison, of which one year he was suspended for a period of five years on condition that he was not convicted. guilty of similar crimes. offenses during the suspension period.
Lungisa smashed a glass jug on the head of former mayor transportation committee member Rano Kayser in a Nelson Mandela Bay City Council chamber at a meeting in 2016.
In his ruling The SCA said: “The appeal is dismissed. On behalf of the appellant, it was recognized that the crime she committed was “particularly serious and even heinous”.
The court highlighted the fact that the “weapon” used to attack the author was particularly dangerous.
Also read: Zuma Foundation accuses Zondo of trying to humiliate JZ
However, Lungisa said the sentence was politically motivated.
Speaking outside of North End Prison in Port Elizabeth, to begin serving his two-year sentence following a conviction on charges of assault with intent to cause serious bodily harm, Lungisa alleged that his matter was not decided fairly due to to the political and family affiliations of the judges who presided over his case.
Lungisa said in part: “… we could not do anything in court because there was collaboration from those within our ranks, including those who are part of the old regime. They collaborated with the magistrate, then they reached the prosecutor. Then he went to Grahamstown. He went to Bloemfontein. In Bloemfontein, most of the judges come from the Eastern Cape. When our matter was there in Bloemfontein, the husband of the judges who presided over my case was promoted. Your children received contracts and then we hope that there will be a fair outcome. And do you think there is what is called just justice?
Andile Lungisa speaks before starting her 2-year sentence.
Zuma.
Unathi. pic.twitter.com/2pUvlnB1qb– brown (@BongaMalindi) September 18, 2020
In a statement Wednesday, the SCA dismissed Lungisa’s “allusive and false comments”, saying they undermine the integrity of the judiciary and judicial independence and constitute contempt of court and crimes of injury.
It said in part: “Any criticism against the Judiciary must be fair and made in good faith. More importantly, that criticism must be specific and clear. Efforts to discredit the judiciary through accusations of corruption against the judiciary as a whole or against individual judges and political figures or actors in unfounded roles must be condemned.
“Any person with credible evidence of corruption or undue influence within the Judiciary must appear, present the evidence, and be willing to testify in a court of law or before any commission of inquiry. Without evidence, such allegations cannot be investigated.
“The rights of the Maya Presidents, the concerned SCA judges and Presiding Judge Mbenenge have demanded a retraction of Mr. Lungisa’s offensive remarks.”
Read the full statement below:
SCA statement
SCA statement
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