In a move aimed at reversing a Supreme Court of Appeal (SCA) judgment that found him guilty of assaulting DA councillor Rano Kayser with a glass jug during a heated council meeting, beleaguered Nelson Mandela Bay ANC councillor Andile Lungisa on Monday filed papers in the Constitutional Court.
Lungisa, who has not vacated his council seat despite letters from the ANC Eastern Cape leadership, will on Tuesday lodge legal papers at the Grahamstown High Court to extend his bail conditions, having been given 48 hours by the National Prosecuting Authority (NPA) to hand himself over to a correctional facility.
He has also claimed that letters from the Eastern Cape ANC leaders were “unconstitutional”.
Behind the #JusticeforAndileLungisa campaign, ANC Youth League (ANCYL) leaders Ayanda Kasa, Abner Mosasa and Thabo Kupa, said a mass mobilisation solidarity drive was “premised on the idea that every citizen must be treated equally before the law”.
The three ANCYL leaders said in a statement: “We want to affirm that our courts are the rightful platform through which this principle must be implemented.
“We, therefore, want to re-enunciate the principle of the judiciary to be independent. In this context, the judiciary must always avoid making its decisions because of the status of an individual in society.
“It is the fact that this is our former deputy president of the ANCYL in the 23rd NEC, remains a loyal cadre of the movement. It is our strong view that he is being treated unfairly, given the utterances and innuendoes, vividly noticeable in the judgement.
“The last SCA judgment is of concern to us and it should be of grave concern to all South Africans who put their faith on the independence of our judiciary system.
“We are convinced that our judiciary is the only and last defence of our democracy and it must never be used to settle political scores and views of the judicial officers.
“The clip used in court does not have the whole process of the fracas in the council meeting because the council cameras were not working that day.
“A full video that depicts the true nature of activities is available for everyone to see.”
Watch video below courtesy of the SABC:
Lungisa’s legal argument before the Constitutional Court will be that he hit Kayser with a glass jug in self-defence, while under attack by five men.
He has claimed to have made peace with Kayser.