Andile Lungisa released on bail, seeks leave to appeal jug assault conviction
ANC councillor Andile Lungisa of the Nelson Mandela Bay metro has been released on bail of R10‚000 after serving just 16 days of his two-year sentence for assault with intent to do grievous bodily harm.
Senior prosecutor Clive Killian said that after extensive consultations on Thursday night with the trial prosecutor and investigating officer‚ it was decided not to oppose Lungisa’s application for bail.
Lungisa will now petition the Grahamstown High Court for leave to appeal both his conviction and his sentence.
He was jailed for an effective two years following an assault on Democratic Alliance councillor Rano Kayser during a heated council meeting in October 2016. The brawl – captured on video by DA PR councillor Renaldo Gouws — broke out during a heated council meeting.
The sentence handed down was three years with one year suspended‚ implying an effective two years direct jail term.
Port Elizabeth magistrate Morne Cannon said he proved to be a poor witness who changed his version of events as the trial proceeded.
Lungisa was found to have unlawfully and intentionally hit Kayser over the head with a glass water jug without provocation.
His co-accused Gamalihleli Maqula was acquitted on all charges in March when the court found that there was not enough evidence against him for conviction.