South Africa, Johannesburg – Former Nelson Mandela Bay councillor Andile Lungisa has been released from prison after serving only two months of his two-year sentence for assault.
The disgraced ANC councillor started serving his sentence in September after he was convicted of assaulting DA councillor, Rano Kayser, in 2016 by smashing a glass jar over his head.
Before serving his sentence, he had taken his matter to the Supreme Court of Appeal.
However, the court dismissed the appeal of his sentence, holding that the assault had been of life-threatening nature and that Lungisa had not only behaved in a manner unbecoming of his status but failed to take responsibility for his actions.
A spokesperson for the Department of Correctional Services Singabakho Nxumalo said Lungisa was released because he had been classified as a first time offender with a positive support system.
He said Lungisa had also responded positively to rehabilitation programmes which led to him being placed on parole in line with Section 73(7)(a) of the Correctional Services Act.
“The Act determines the minimum period of a sentence that must be served before consideration for possible parole placement. This must be read together with Section 276(1)(i) of the Criminal Procedure Act as it stipulates a mandatory one-sixth of the sentence to be served before any consideration for parole.
“Lungisa was initially admitted on May 9 2018 to serve a two-year sentence for assault with intent to cause grievous bodily harm. However, he was released on bail on May 25 2018 after having spent at least 16 days pending his appeal application.
“He was readmitted to continue with the sentence into the corrections system on September 17 2020 after his appeal application was unsuccessful. The Special Remission of Sentences granted by President Cyril Ramaphosa on 16 December 2019 reduced Lungisa’s sentence by 12 months. Over 14 000 inmates benefitted from the special Remission of Sentence.
Nxumalo said Lungisa will be subjected to correctional supervision until his sentence ends.