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The Supreme Court of Appeal has dismissed the appeal application of ANC Nelson Mandela Bay councillor, Andile Lungisa, against his effective two-year sentence for assault.
He was found guilty of assaulting DA councillor, Rano Kayser, during the infamous 2016 Council brawl in which he smashed a water jug over his head.
The Appeal's court said in its judgment on Wednesday that it found no grounds to interfere with the sentence of the trial court.
“It observed that Mr Lungisa used a dangerous weapon when hitting the complainant on a sensitive part of his body, the temple, causing serious, potentially fatal injuries.”
The SCA said it had appropriately balanced Lungisa's personal circumstances, the nature and seriousness of the crime committed and the interest of society.
“His appeal in the high court failed against both his conviction and sentence. With the special leave of the Appeal Court he appealed against his sentence only,” the SCA said.
Lungisa is also facing an onslaught from his own party and has until Thursday to resign as a councillor.
