Tue, 27 Oct 2020

Convicted criminal and former ANC Youth League leader Andile Lungisa must wait until Friday to hear whether he will be granted bail by the Grahamstown High Court, the NPA confirmed.

NPA regional spokesperson Anelisa Ngcakani said judgment may be released on Wednesday or Friday.

Lungisa is currently serving his two-year prison sentence at the North End Prison in Port Elizabeth, historically known as "Rooi Hell".

Lungisa was convicted and sentenced to three years in prison (one year suspended) for assault with intent to do grievous bodily harm in 2018, News24 reported.

The conviction was for smashing a glass water jug on DA councillor Rano Kayser's head during a scuffle in council in 2016.

Andile Lungisa: 'I will go to jail, if I go to jail, and I will come back to liberate my community'

He appealed his sentence to the Supreme Court of Appeal (SCA), which rejected his application last week after finding that there was no basis to interfere with the trial court's judgment.

It found that the lower court had appropriately balanced Lungisa's circumstances, the nature and seriousness of the crime committed, and the interests of society.

Lungisa has now turned to the Constitutional Court in the hope of overturning his conviction.

Lungisa's younger brother, and former ANCYL leader in the province, Ayongezwa, said the family was "optimistic" of a favourable outcome.

"As a family, though, we would have wanted to have the determination done today, but we think we should give that space so that a final determination can be given. The lawyers brought something very good in their arguments - quoting inconsistencies in how the matter was handled.

"For now, we think a judgment will be in favour of us, the people of South Africa and the youth of the continent," the younger Lungisa said.

He added that Lungisa's supporters had written to Deputy President David Mabuza, seeking his assistance with regard to their concerns about how Lungisa's case was "handled".

He added the family was encouraged by the High Court's admittance that the matter needs to be handled as quickly as possible, "because it has elements of polluting the country, which is something the judiciary would not want to see happen".

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