THE Supreme Court of Appeal (SCA) has dismissed ANC councillor Andile Lungisa’s appeal against his sentence of an effective two years imprisonment.
Lungisa was sentenced to an effective two years in prison after he was found guilty of smashing a glass jug over the head of a former DA mayoral committee member, Rano Kayser, during a chaotic Nelson Mandela Bay council meeting in 2016.
Kayser sustained multiple injuries during the attack.
On Wednesday, the SCA said it found no basis to interfere with the sentence imposed by the trial court on the grounds that that court had appropriately balanced the appellant’s personal circumstances, the nature and seriousness of the crime committed and the interests of society.
“It (the court) observed that Mr Lungisa used a dangerous weapon when hitting the complainant on a sensitive part of his body and the temple, causing serious, potentially fatal injuries,” the SCA said in a statement on Wednesday.
Meanwhile, Lungisa is contesting ANC’s provincial executive committee decision to suspend him from the governing party this week.
Lungisa has been suspended as an ANC member and may no longer attend party meetings.
He has also been recalled as a Nelson Mandela Bay councillor.
In a letter seen by Inside Politics, 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,” he said.
ANC provincial spokesperson Loyiso Magqashela confirmed Lungisa had been suspended.
“He has a sanction and has been convicted. His judgment is not pending. The NEC said those who have been judged by a court of law must resign. Lungisa has a criminal record and was found guilty by a court of law having fought in a council chamber.”
(COMPILED BY INSIDE POLITICS STAFF)