ANC councillor Andile Lungisa is petitioning Judge President Selby Mbenenge for leave to appeal both his conviction for assault with intent to do grievous bodily harm and his effective two-year prison sentence.
Lungisa, 40, was convicted of assault GBH after smashing a glass water jug on the head of DA Councillor Rano Kayser during a heated Nelson Mandela Bay council meeting in October 2016.
He was earlier released on bail of R10 000 pending the outcome of his petition to the Grahamstown High Court after serving just 16 days of his two-year sentence.
Lungisa says in an affidavit that at the core of his appeal was whether or not he had intended to assault Kayser and the magistrate had misdirected himself in finding that he had.
Lungisa says he believed he was under attack and was defending himself.
He said the sentence was also shocking and disproportionate to the crime.
Andile Lungisa seeks leave to appeal conviction
Lungisa, 40, was convicted of assault GBH after smashing a glass water jug on the head of DA Councillor Rano Kayser during a heated Nelson Mandela Bay council meeting in October 2016.
He was earlier released on bail of R10 000 pending the outcome of his petition to the Grahamstown High Court after serving just 16 days of his two-year sentence.
Lungisa says in an affidavit that at the core of his appeal was whether or not he had intended to assault Kayser and the magistrate had misdirected himself in finding that he had.
Lungisa says he believed he was under attack and was defending himself.
He said the sentence was also shocking and disproportionate to the crime.
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