Nelson Mandela Bay ANC councillor Andile Lungisa has until tomorrow to report to Correctional Services to begin serving his effective two-year jail term for assault with intent to cause grievous bodily harm.

The Herald reports his attorney, Alwyn Griebenow, confirmed that the Justice Department had served notice on him at about midday yesterday, giving Lungisa 48 hours to report to serve his sentence.

According to Eastern Cape NPA spokesperson Anelisa Ngcakani, there was a ‘technicality’ in how the first notice to notify Lungisa to start his sentence was delivered to Griebenow’s office. ‘It has now been delivered properly. Therefore, 48 hours commences today and expires on Thursday 17 September.’

Ngcakani failed to specify what the ‘technicality’ was after being asked for more details. Griebenow said as soon as his office filed the application for leave to appeal to the Constitutional Court, they intended to also apply to extend his bail.

‘The papers have been drafted and will most likely be filed (with the Constitutional Court) first thing on Wednesday morning.’

The report says confusion reigned yesterday over whether there would be an application to extend Lungisa’s bail pending the outcome of the appeal to the Constitutional Court.

Senior State Advocate Nickie Turner confirmed that the Office of the DPP had received no notice of any application to extend his bail. She said she had also confirmed yesterday with the High Court registrar’s office that nothing was set down to be argued.

Lungisa said they were in Makhanda simply to file their papers.

He said the papers had to be filed with the Eastern Cape High Court (Makhanda) and the Constitutional Court at the same time.

He said his senior counsel, Terry Price, would arrange a date with the High Court to argue his bail extension in due course.

‘We will first file our application for leave to appeal to the Constitutional Court, after which we will argue for bail to be extended.’

Full report in The Herald