ANC MP Mandla Mandela has been granted leave to appeal his conviction.
Magistrate Noluthando Conjwa earlier this year found the Mvezo chief guilty of assault with intent to do grievous bodily harm after an altercation with teacher Mlamli Ngudle two years ago.
Ngudle was driving a bakkie when he bumped a BMW belonging to someone having lunch with Mandela in the Mthatha CBD.
Conjwa sentenced him to two years in prison with the option of a R10000 fine and refused him leave to appeal the conviction but granted it against the sentence.
According to the constitution, an MP loses their seat if sentenced to a one-year jail term or longer without the option of a fineq.
Mandela’s leave to appeal the conviction was granted by two high court judges on Tuesday.
The decision to give Mandela another chance in his bitter fight to have the conviction and sentence thrown out of court followed a petition by Mandla’s defence lawyer Billy Gundelfinger, who argued that, based on law and fact, there were reasonable prospects of success in another court coming to a different conclusion; that the state had failed to prove its case beyond reasonable doubt; state witnesses had produced unconvincing testimonies and there were inconsistencies in the medical reports of two doctors.
Gundelfinger, who yesterday confirmed that leave to appeal the conviction had been granted, said they had been given 14 days to file papers.
He said they would wait for the court to give them a date when a full bench would hear the case.
Conjwa acquitted Mandela on the charge of pointing a gun as four state witnesses failed to corroborate each other’s stories. She said that despite the inconsistencies among state witnesses, the court could not rely on the “elusive” testimony of the defence witness because he had based his arguments on media reports.
Mandela claimed he was acting in self-defence after a swearing Ngudle raised a clenched fist at him.
Conjwa agreed with prosecutor Lonwabo Busakwe’s argument that a person of Mandla’s calibre should have found another way of dealing with the drunk Ngudle.
Neir Ngudle nor Mandela could be reached for comment at the time of going to print.
The former’s cellphone went to voicemail while the latter’s rang unanswered. — loyisom@dispatch.co.za
Mandla to appeal assault conviction
Magistrate Noluthando Conjwa earlier this year found the Mvezo chief guilty of assault with intent to do grievous bodily harm after an altercation with teacher Mlamli Ngudle two years ago.
Ngudle was driving a bakkie when he bumped a BMW belonging to someone having lunch with Mandela in the Mthatha CBD.
Conjwa sentenced him to two years in prison with the option of a R10000 fine and refused him leave to appeal the conviction but granted it against the sentence.
According to the constitution, an MP loses their seat if sentenced to a one-year jail term or longer without the option of a fineq.
Mandela’s leave to appeal the conviction was granted by two high court judges on Tuesday.
The decision to give Mandela another chance in his bitter fight to have the conviction and sentence thrown out of court followed a petition by Mandla’s defence lawyer Billy Gundelfinger, who argued that, based on law and fact, there were reasonable prospects of success in another court coming to a different conclusion; that the state had failed to prove its case beyond reasonable doubt; state witnesses had produced unconvincing testimonies and there were inconsistencies in the medical reports of two doctors.
Gundelfinger, who yesterday confirmed that leave to appeal the conviction had been granted, said they had been given 14 days to file papers.
He said they would wait for the court to give them a date when a full bench would hear the case.
Conjwa acquitted Mandela on the charge of pointing a gun as four state witnesses failed to corroborate each other’s stories. She said that despite the inconsistencies among state witnesses, the court could not rely on the “elusive” testimony of the defence witness because he had based his arguments on media reports.
Mandela claimed he was acting in self-defence after a swearing Ngudle raised a clenched fist at him.
Conjwa agreed with prosecutor Lonwabo Busakwe’s argument that a person of Mandla’s calibre should have found another way of dealing with the drunk Ngudle.
Neir Ngudle nor Mandela could be reached for comment at the time of going to print.
The former’s cellphone went to voicemail while the latter’s rang unanswered. — loyisom@dispatch.co.za
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