Jug-hitting councillor out on bail

PETITION: ‘NOT VIOLENT’ LUNGISA 16 DAYS IN JAIL AFTER CONVICTION

His leave to appeal bid was rejected by magistrate.

him on a charge of assault with intent to cause grievous bodily harm.

He argued that he should have been acquitted on the basis of his subjective belief that he was acting in self-defence.

“Everyone who attended the council meeting in Nelson Mandela Bay metro knows that Andile Lungisa was standing and he was attacked by three councillors from the DA. They had no authority to move out of their chairs to go and attack Andile Lungisa,” he said to his supporters yesterday.

Lungisa said he respected the judiciary, but they needed to be fair.

Cannon, who granted Lungisa bail yesterday, criticised the defence legal team for initially bringing the bail application late on Thursday, with both the court and prosecution receiving the documents only at the last minute.

Cannon said Lungisa appeared to have received special treatment from the department of correctional services which seemed to have “flouted their own rules” by transporting him from North End Prison to the Port Elizabeth Magistrate’s Court very late on Thursday afternoon. “The impression was that the accused was given special treatment,” said Cannon.

Senior public prosecutor Clive Kilian also said earlier it was unacceptable how the bail application was brought. But the state did not oppose bail.

Lungisa’s brother said Cannon’s comments about special treatment were untrue. “When we went to see him [in prison] there was never an occasion when we were allowed to see him when we were not supposed to.

“We never brought food. He said to us ‘don’t bring me food. I will eat what is available here and sleep on the blankets here’. Andile is a special person and he would have intimidated the judge. Those comments came from an inferiority complex,” he added.

Lungisa was released after Cannon found he was unlikely to abscond. He was ordered to report to Kabega Park police station twice a week and to report to the clerk of the court if his petition was granted or leave to appeal his conviction and sentence was successful. – ANA