Lungisa, a former Nelson Mandela Bay councillor in the Eastern Cape, had been suspended by the party for a period of 18 months.
Andile Lungisa wins appeal against suspension
According to eNCA, the ANC NDC found that the provincial disciplinary committee was not properly constituted. Andile Lungisa has moved to appeal his suspension and it has now emerged that the NDC agreed with the reasoning behind the challenge. He had argued that the ANC constitution provides for the PDC to be constituted by at least five provincial executive members – and the committee that presided over his suspension did not meet that requirement.
“In the disciplinary committee proceedings, there were only four members. One (was) not from the structures of the ANC and (an)other member (was) not appointed by the provincial executive committee, so only two members met constitutional provisions,” Lungisa had said.
His suspension stems from the assault of a fellow councillor.
The Eastern Cape High Court in Grahamstown found Lungisa guilty of assault with intent to do grievous bodily and subsequently sentenced to an effective two years behind bars. This is after he struck Ryno Kayser, a fellow Democratic Alliance (DA) Councillor with a glass water jug on the head, during a heated scuffle in 2016.
Lungisa refused to go down without a fight and challenged the ruling with the Supreme Court of Appeal (SCA), which dismissed his appeal.
In August, he reported to the North End Prison in the Eastern Cape, while he awaited the outcome the application for bail – pending a decision by the Constitutional Court, which he had approached to challenge the ruling.
Lungisa was granted R10 000 bail, however in another twist – he chose to stay in prison. In December 2020, he was granted parole.