SCA dismisses Lungisa's appeal in 'water jug attack' conviction

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Andile Lungisa.
Andile Lungisa.
Luvuyo Mehlwana
  • ANC Nelson Mandela Bay heavyweight Andile Lungisa could soon be headed to prison.
  • Lungisa's appeal to the Supreme Court of Appeal has been dismissed.
  • He was convicted in 2018 of assaulting a DA councillor.

The Supreme Court of Appeal (SCA) has dismissed the appeal of embattled ANC councillor and former youth league deputy president Andile Lungisa. 

Lungisa was convicted and sentenced to three years in prison for assault with intent to do grievous bodily harm in 2018.

One year of his prison sentence was suspended on certain conditions. His conviction in 2018 was for smashing a glass water jug on a DA councillor Rano Kayser's head during a scuffle in council in 2016. 

In its immediate ruling, the SCA said it found no basis to interfere with the sentence imposed by the trial court on the grounds that the court had appropriately balanced the appellant's personal circumstances, the nature and seriousness of the crime committed and the interest of society.

Weapon

"It is observed that Mr Lungisa used a dangerous weapon when hitting the complainant on a sensitive part of his body, the temple, causing serious potentially fatal injuries.

"While he was a first offender and respected by his community, the crime that Lungisa committed was serious and had devastating consequences. He did not behave in a manner expected by the community of its councillors, failed to take responsibility for his actions and showed total lack of remorse for his deeds," the SCA ruled. 

READ | Cogta MEC does about-turn, denies he intended to dissolve Nelson Mandela Bay council

Lungisa on Tuesday was handed a letter of suspension by the provincial executive committee (PEC), together with an instruction to resign from his position in council, News24 reported. 

The PEC resolved to suspend him, citing his 2018 conviction for aggravated assault. In a letter seen by News24, Lungisa said the NEC did not resolve that ordinary members, who do not hold leadership positions, must resign from public office "unless I am being targeted for ulterior purpose. I would like to believe that this is not the case". "Furthermore and for reasons more fully expressed herein above, I also cannot accept my ANC membership is suspended."

Lungisa was said to have been instrumental in the ousting of DA mayor Athol Trollip in the metro, which resulted in the ANC and smaller opposition parties taking over. 

He most recently resigned from his position as a Mayco member, which he said was prompted by ANC secretary-general Ace Magashule.  

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