Andile Lungisa loses SCA bid to appeal assault conviction

Nelson Mandela Bay councillor Andile Lungisa’s troubles just keep piling up – this time with the Supreme Court of Appeal (SCA) dismissing his appeal, challenging the ruling on his assault conviction.

In 2018, the Eastern Cape High Court in Grahamstown found him guilty of assault to cause grievous bodily harm, after he struck Democratic Alliance (DA) councillor Rano Kayser, with a glass jug of water on the head during a heated sitting back in 2016.

Lungisa subsequently challenged the decision with the same court, but his application was rejected. He then approached the SCA. It remains to be seen whether the former ANC Youth League leader will be approaching the Constitutional Court.

He was sentenced to three years behind bars – with one year being suspended.

SCA: ‘Lungisa showed no remorse’

The SCA said it had found no basis to interfere with the sentence imposed by the lower courts.

“…on the grounds that the court had appropriately balanced the appellant’s personal circumstances, the nature and seriousness of the crime committed and the interests of society,” the judgement read.

“It (the Eastern Cape High Court) 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”

The court further said that the crime committed by the councillor was serious and had devastating consequences. It said he failed to behave in a way expected by the community he leads, did not take responsibility for his actions and has shown no remorse.

Lungisa maintains he was defending himself during the scuffle and had been approached by three DA councilors, one of them being Kayser.

“He took a jug from the secretaries’ table and thought that he would throw water at Kayser.  His intention was to pave the way for his escape.  He did not know what the jug was made of because he was a new councillor.  At that stage the appellant’s eyes were closed.  He hit Kayser once with the jug.  His intention was to pour water on Kayser but he ended up hitting him with the jug”, court papers read.

The decision comes as African National Congress (ANC) announced has suspended him from the party, in the wake of the matter.