PORT ELIZABETH - ANC councillor in Nelson Mandela Bay, Andile Lungisa's leave to appeal his conviction and two year sentence has been dismissed by the Grahamstown High Court.
National Prosecuting Authority (NPA) regional spokesman, Tsepo Ndwalaza, on Tuesday confirmed that leave to appeal Lungisa's conviction of assault with intent to cause grievous bodily harm and two year jail term had failed.
Speaking after hearing the news, Lungisa said that he was feeling "fine". He indicated that his lawyers would now approach the Supreme Court of Appeal in Bloemfontein to reconsider the decision.
Last year, Lungisa was found guilty of intentionally smashing a glass jug over the head of former mayoral committee member for transport, Rano Kayser, during a 2016 council meeting which turned chaotic.
The violent fracas saw blood being shed while other councillors received trauma counselling. Evidence presented before court included a video taken by Democratic Alliance (DA) councillor Renaldo Gouws, which showed how Lungisa slammed the jug over Kayser’s head, before he fled and how Kayser fell backwards and landed on the floor.
Magistrate Morne Cannon had previously said that the video evidence showed that there was no reason for Lungisa to hit Kayser, thereby dismissing Lungisa’s self-defence claim, adding that he was evasive, vague and contradicted himself. The court also found that Lungisa lacked genuine remorse.
Lungisa was sentenced to an effective two years behind bars and had a stint at the North End Prison serving time before bringing an urgent bail application pending his petition to the Grahamstown High Court.