Andile Lungisa granted parole, set to be released from prison today

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Andile Lungisa
Andile Lungisa
Deon Ferreira
  • Nelson Mandela Bay Municipality ANC councillor Andile Lungisa will be released on parole on Tuesday, the Department of Correctional Services confirmed.
  • Lungisa was convicted and sentenced to three years in prison for smashing a glass jug on the head of DA councillor Rano Kayser during a scuffle in 2016.
  • He will serve the remainder of his sentence in the community corrections system.

Nelson Mandela Bay Municipality ANC councillor and former ANC Youth League deputy president Andile Lungisa has been granted parole and will be released from prison on Tuesday.

READ | Overcrowding, no privacy and appalling food: Andile Lungisa turns to ConCourt to avoid prison

In 2018, Lungisa was convicted and sentenced to three years in prison, of which one year was suspended, for assault with the intent to cause grievous bodily harm.

He was found guilty of smashing a glass jug on the head of DA councillor Rano Kayser during a scuffle in the council in 2016.

On Tuesday, the Department of Correctional Services (DCS) confirmed that Lungisa has been placed on parole with effect from 1 December. 

"This parole placement means that Lungisa will serve the remainder of the sentence in the system of community corrections, wherein he will be expected to comply with a specific set of conditions and will be subjected to supervision until the sentence expires," said DCS spokesperson Singabakho Nxumalo.

"Classified as a first-time offender with a positive support system, and having responded positively to rehabilitation programmes, parole placement for Lungisa is in line with Section 73(7)(a) of the Correctional Services Act. The act determines the minimum period of sentence that must be served before consideration for possible parole placement. This must be read together with Section 276(1)(i) of the Criminal Procedure Act as it stipulates a mandatory one sixth of the sentence to be served before any consideration for parole," Nxumalo said in a statement.

In addition, the special remission of sentences granted by President Cyril Ramaphosa on 16 December 2019 reduced Lungisa's sentence by 12 months. More than 14 000 inmates benefitted from the special remission of sentences.

'Parole system is progressive in nature'

"South Africa is using a parole system that is progressive in nature and based on international best practice. Offenders who are placed on parole are expected to comply with conditions and failure to comply may result in the parolee, depending on the frequency and seriousness of the violations, having parole revoked and sent back to a correctional facility," he said.

Nxumalo said the role of society cannot be underestimated in the process of placing parolees back into communities.

"It is important that parolees be accepted and supported so that they can be fully reintegrated into society and be given an opportunity to make a meaningful contribution," Nxumalo said.

Lungisa was granted bail by the Eastern Cape High Court in Makhanda on 25 September, pending the outcome of his application for leave to appeal his incarceration before the Constitutional Court, News24 reported earlier.

However, he opted to stay in prison to finish the programmes he had started, in a complete contradiction of maintaining his innocence and his reasons for approaching the Constitutional Court to appeal his sentence.

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