The Buffalo City municipality has said it is still unable to take action against a bodyguard and driver for mayor Xola Pakati as the man has again appealed against his conviction to the higher court.

Last week‚ the high court in Grahamstown dismissed Athini Mlawu’s appeal against his conviction in 2014 for attempted murder and negligent driving.

In 2011‚ Mlawu drove over a man and hit a woman after being punched to the ground by Anele Tsapo during a brawl over a woman at a tavern in Duncan Village‚ East London.

Mlawu drove over resident Yonela Lumkwana in a fit of rage after mistaking him for Tsapo. He also hit Lindokuhle Twana‚ who sustained minor injuries.

Lumkwana fell and was dragged under the vehicle until it collided with the boundary wall of the tavern.

Mlawu’s passenger Siyabonga Titi got out of the vehicle‚ went towards Lumkwana‚ and allegedly said “No‚ this is not the one we are looking for”.

Mlawu was convicted by the East London Regional Court in 2014 for attempted murder for driving over Lumkwana‚ and for negligent driving for hitting Twana. He was sentenced to a six-year jail term in 2014.

Despite the conviction and sentence‚ Mlawu continued to be in the employ of the municipality as he had appealed to the high court. Last week‚ the high court in Grahamstown dismissed Mlawu’s appeal. However‚ it seems like Mlawu would still continue to work for the municipality.

“At this stage‚ as the city we are unable to make a comment or take action on the matter due to the fact that it is still before the courts and thus sub judice‚ [since] the employee concerned has appealed the judgement to a higher court‚” Buffalo City municipality spokesman Samkelo Ngwenya said on Wednesday.