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Andile Lungisa has addressed the Constitutional Court.
- Andile Lugisa was sentenced to three years in prison (one year suspended) for assault after he was found guilty of breaking a glass jug on the head of Public Prosecutor Rano Kayser during a council fight in 2016.
- He appealed his conviction and sentence in the Eastern Cape Superior Court, which was dismissed, then appealed his sentence in the Supreme Court of Appeals, which was also dismissed.
- Now he is requesting authorization to appeal to the Constitutional Court.
In an attempt to have his appeal heard in the Constitutional Court, Nelson Mandela Bay ANC Councilor Andile Lungisa has argued that the people in prison who are in custody are unconstitutional due to the dire conditions and regulations of Covid- 19.
Lungisa, who is the former vice president of the ANC Youth League, requested permission to appeal his three-year sentence to the higher court after the Supreme Court of Appeals (SCA) upheld his sentence of three years in prison (one year suspended) for assault. with the intention of causing serious bodily harm.
In 2018, Lugisa was found guilty of breaking a glass jug on the head of DA councilman Rano Kayser during a fight at the council in 2016.
He also previously addressed the Eastern Cape Superior Court, appealing his sentence and conviction, which were confirmed.
READ | ‘Allusive and false observations’: Judiciary responds to complaints of political interference by Andile Lungisa
In legal documents filed with the Constitutional Court earlier this month, Lungisa raises two points that he believes have merit for the court to consider his appeal.
He maintains that an ordinary person was treated differently with respect to the sentence imposed for his position as a politician and leader in the municipality where he was a councilor.
He also argues that the SCA failed to take into account conditions in the prisons, as well as the Covid-19 pandemic and the Disaster Management Act regulations that were enforced as a result.
Covid-19 and incarceration
According to Lungisa, the SCA did not take into consideration “the enormous disadvantages of incarceration.”
This includes the current situation with the existence of Covid-19 and overcrowding in prisons.
He added that the damage caused to him, his family, and his ability to obtain a job after serving his sentence was not taken into consideration by the appeals court.
“I would also like to draw the attention of this honorable court to the fact that the Department of Correctional Services has very important laws and regulations, very few of which are enforced, which means that people are in unconstitutional custody,” said Lungisa .
LEE: Andile Lungisa maintains innocence while entering prison, beats the judges
Lungisa then referred to the Constitution which states that convicted prisoners have the following rights:
To conditions of detention that are compatible with human dignity, including at least the exercise and provision, at the expense of the State, of adequate accommodation, nutrition, reading material and medical treatment.
Communicate with and be visited by individuals, including spouses or partners, close relatives, a chosen religious advisor, and a chosen physician.
“I was informed that due to the Covid-19 situation, no one can visit their relatives in prison and access to doctors is, to say the least, very limited,” Lungisa said.
‘Awful food’
He pointed out that prison cells are overcrowded, very few people have mattresses and beds, have little or no access to water, are forced to use the bathroom openly where people can see it, and that the food is “appalling.”
However, Lungisa said that he could understand that not all prisoners can be released early, especially those who have committed very serious crimes and repeat offenders who “would have to endure such circumstances today.”
But for him, it is very different because he will be there for a period of no more than two years and in that time, he will not be able to see his wife or his seven children and he will have very little access to decent food, accommodation, exercise and living conditions. worthy.
Lugisa said:
“How can the general public support a judgment of this nature against me? I find it difficult to accept, but this is the approach that the SCA took and I respectfully affirm that they took it incorrectly.”
all persons are equal before the law
Lungisa also argued that the trial court imposed a sentence on her because of her position in the community.
He said that this approach was in conflict with everyone’s right to be treated equally and then repeated the jurisprudence cited by the Subcommittee.
“I respectfully maintain that treating me differently from ‘an ordinary criminal’ and referring to cases whose facts are very different from mine are much more serious than mine to justify the dismissal of my appeal, affects my constitutional right to a fair trial and , in particular, my right to a fair appeal. “
READ | Andile Lungisa Gets Bail, Pending ConCourt Request
Bail
News24 reported earlier on Friday that Lungisa received a R10,000 bond from the Eastern Cape Superior Court in Grahamstown, pending the outcome of the request for permission to appeal.
The court also attached the following conditions:
- Lungisa must remain at his residence until his request for authorization to appeal to the Constitutional Court is resolved.
- You have been ordered to turn in all travel documents by Wednesday, September 30.
- You must report to the Kabega Park Police Station on Mondays and Fridays.
- If Lungisa’s application is rejected before the Constitutional Court, he must appear before the competent authorities within 72 hours to continue serving his sentence.
