Nelson Mandela Bay councillor Andile Lungisa is expected to report to the clerk of the court at the Port Elizabeth magistrate’s court by noon on Thursday, to commence serving his two-year prison sentence.
This is according to the National Prosecuting Authority in the Eastern Cape, which confirmed receiving notification on Wednesday of his last-ditch bid to evade jail for his water jug attack on a fellow councillor.
Lungisa has filed an application to the Constitutional Court for leave to appeal against the sentence, and a notice of motion to apply for bail pending the outcome of the application to the apex court.
The NPA said the bail application will be heard on Monday at the Grahamstown high court — while stating it will oppose bail.
The Herald newspaper reported that Lungisa, a married father of seven children, has been out on bail of R10,000. His petition to the Constitutional Court states he is not suited to the unpalatable food, uncomfortable sleeping arrangements, risk of violence and degrading ablution facilities that come with a prison sentence.
Lungisa’s appeal against his two-year conviction was dismissed by the Supreme Court of Appeal last week.
He was convicted of assault with intent to commit grievous bodily harm in 2018 after smashing a glass water jug over a DA councillor’s head during a heated council meeting in 2016.
The SCA found no basis to interfere with the sentence imposed by the trial court as it found that the crime committed by Lungisa was serious and had devastating consequences.
His ANC membership has also been suspended, in line with the ANC’s national executive committee stance that anyone with a conviction should resign for the sake of the party.