Lungisa given 48 hours to start serving sentence, but will still apply for bail extension
Nelson Mandela Bay ANC councillor Andile Lungisa has until Thursday to report to correctional services to begin serving his effective two-year jail term for assault with intent to cause grievous bodily harm.
His attorney Alwyn Griebenow confirmed that the justice department had served notice on him at about midday on Tuesday, giving Lungisa 48 hours to report to serve his sentence.
But Griebenow said as soon as his office had filed the application for leave to appeal to the Constitutional Court, they intended to also apply to extend his bail.
“The papers have been drafted and will most likely be filed [with the Constitutional Court] first thing on Wednesday morning.”
He was adamant that there was no application to extend Lungisa’s bail due to be argued on Tuesday.
Confusion reigned outside the high court in Makhanda over whether there would be an application to extend Lungisa’s bail pending the outcome of the appeal to the Constitutional Court.
A group of former ANCYL leaders who are behind a campaign called the “Justice for Lungisa” campaign kicked off the confusion with a statement on Monday, saying the application would take place.
Lungisa and about a dozen supporters stood outside the high court in Makhanda on Tuesday morning.
Most seemed to expect there would be a bail application heard on Tuesday afternoon. One of his supporters, former ANCYL leader Anber Mosaase, said it would “most certainly” be argued on Tuesday.
But senior state advocate Nickie Turner confirmed the office of the director of public prosecutions had received no notice of any application to extend his bail.
She said she had also confirmed on Tuesday with the high court registrar’s office that nothing was set down to be argued. Lungisa himself said they were in Makhanda simply to file their papers.
He said papers had to be filed simultaneously both with the high court in Makhanda and the Constitutional Court.
He said his senior counsel,
Terry Price, would arrange a date with the high court to argue his bail extension in due course.
Price confirmed this to the Dispatch.
“There will be no application today. We will first file our application for leave to appeal to the ConCourt, after which we will argue for bail to be extended.”
The courts have been unanimous in upholding Lungisa’s two-year effective prison sentence for smashing a glass water jug on the head of DA councillor Rano Kayser during a heated Nelson Mandela Bay council meeting in October 2016. Kayser was seriously injured. The high court in Makhanda dismissed Lungisa’s appeal against both conviction and sentence.
Five Supreme Court of Appeal judges unanimously found last week that the two-year sentence fitted the crime.
Mosaase said the “Justice for Lungisa” group also intended engaging with the province over the suspension of Lungisa from the party.
“It is human to err. Mr Lungisa already stepped down as a member of the mayoral committee as a sign of remorse and we aim to persuade them that he must not be victimised further.”