Andile Lungisa eats humble pie over statement on SCA judges

The African National Congress’ (ANC) former Nelson Mandela Bay councillor Andile Lungisa has withdrawn controversial remarks he had made about the judges who presided over his assault case. He had accused them of essentially being corrupt and having secured favours in exchange for ruling against him.

A statement by the Supreme Court of Appeal (SCA) read:

“This retraction is made to the two judges who heard my appeal against conviction and sentence in Grahamstown High Court and the Judge President of that division (Eastern Cape division) as well as to the five Appeal Court judges who heard the appeal against my sentence in the Supreme Court of Appeal, Bloemfontein”

Lungisa has admitted that his statement was untrue.

“I unequivocally retract the statement made to the media and my followers on the 17th of September 2020 immediately before my incarceration started at North End Correctional Facility in which I made certain unfounded comments regarding the above mentioned judges. I admit that my statement regarding the above-mentioned judges were false and without merit and thus wrongful.”

The ANC heavyweight was found guilty for assault to cause grievous bodily harm 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.

The Eastern Cape High Court in Grahamstown subsequently sentenced him to an effective two years in prison – one year suspended. He then challenged the ruling with the SCA, which dismissed his appeal.

Lungisa finally began serving his sentence at the North End Prison in Port Elizabeth earlier in September, but he had much to say before entering the facility, addressing fellow ANC members and supporters. He then approached the Constitutional Court to challenge his conviction and wanted to be granted bail pending a ruling.

Lungisa was granted R10 000 bail, however in another twist, he opted to stay in prison, saying there were programmes he needed to complete at the facility.  

What did he say about the judges?

He accused the judges presiding over his case of being captured by implying some of their children received state contracts in exchange for ensuring his conviction.

“There was a collaboration of those who are within our ranks, including those who are part of the old regime. They collaborated with the magistrate, then they got to the prosecutor. It then went to Grahamstown,” he said.

“It went to Bloemfontein. In Bloemfontein, the majority of the judges come from the Eastern Cape. When our matter was there in Bloemfontein, the husband of the judges who presided over my case were promoted. Their children were given contracts …”

Judges: Efforts to discredit judiciary must be condemned

The judges then hit back, challenging him to prove his allegations. They further said any criticism levelled against the judiciary should be fair and made in good faith.

“More importantly, such criticism should be specific and clear. Efforts to discredit the Judiciary by levelling allegations of corruption against the Judiciary as a whole or against individual judges and political figures or role-players without any further substantiation, must be condemned”