Citizen reporter
3 minute read
25 Sep 2020
10:47 am

Andile Lungisa opts to stay in prison to finish programmes after R10k bail granted

Citizen reporter

His brother, Ayongezwa Lungisa says the former councillor has decided to only leave prison once he completes a number of rehabilitation programmes he has started.

Then Nelson Mandela Bay ANC councillor Andile Lungisa convicted of assault with intent to cause grievous bodily harm leaves the Port Elizabeth Magistrate’s Court, April 2019. File photo: Raahil Sain/ANA

Lungisa’s brother, Ayongezwa told reporters that the former councillor has said that he will leave prison once he has completed the 16-day programmes which were part of the judgement handed down on him.

He added: “But now what he would have said is that this is not part of admitting that what was done by the courts or rather the determination that was given by the courts is correct, but he wants to demystify the myth that he wants to buy himself… he wants to buy away all the problems he is facing, that’s the first thing.

“The second thing is that it at may appear that he is not really a law-abiding citizen, that’s why he would have said he wants to remain inside so that he finishes those programmes. When he finishes those programmes he would then come out and join his family and the people of South Africa, whom he has much interest to serve as he would have started already in the past.”

Ayongezwa Lungisa said paying the R10 000 bail money was not an issue.

“We had money and to the point that we had withdrawn money to bail him, but it was just a question of him seeking to finish the programmes he has started”.

Lungisa’s supporters had gathered outside the North End prison in Port Elizabeth waiting for his release after the Grahamstown High Court on Friday granted him R10 000 bail.

Lungisa had applied for bail pending the outcome of his Constitutional Court application for leave to appeal his two-year prison sentence.

He was found guilty of assaulting DA councillor Rano Kayser with a glass jug during a heated council meeting in 2016.

On Friday morning, he was granted R10,000 bail, with one of the conditions being that he should hand over his travel documents by 30 September.

His other bail conditions are that he must remain at the address that has been specified until his Constitutional Court application has been determined; that he must report in person at the Kabega Park Police Station Mondays and Fridays between 8 am and 6 pm; and that if his Constitutional Court application is refused, he must within 72 hours hand himself over to the relevant authorities.

Lungisa reported to the clerk at Port Elizabeth Magistrate’s Court on Thursday to start serving his two-year prison sentence.

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.

Meanwhile, the president of the Supreme Court of Appeal (SCA), President Mandisa Maya, the judges of the SCA concerned (Justices Nambitha Dambuza, Caroline Nichols, Shares Weiner and Nolwazi Mabanda-Boqwana) and Judge President of the Eastern Cape Division of the High Court Judge President Selby Mbenenge have all demanded a retraction from Lungisa, following allegations he made last week.

The SCA earlier this month dismissed Lungisa’s appeal against his assault conviction and sentence.

Speaking outside the North End Prison in Port Elizabeth, Lungisa alleged that his matter was not fairly decided due to political and familial affiliations of the judges who presided over his case.

(Compiled by Makhosandile Zulu)

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