Andile Lungisa has been suspended as a member of the ANC due to his council brawl conviction dating back to October 2016.

Lungisa, a Nelson Mandela Bay ANC councillor, was served with the letter earlier on Tuesday in Port Elizabeth.

ANC provincial spokesperson Loyiso Magqashela confirmed Lungisa's membership had been suspended.

“It is true. He was served with the letter,” he told HeraldLIVE.

Magqashela said Lungisa was suspended as the ANC’s national executive council (NEC) decided anyone with a conviction should resign for the sake of the party.

“He has a sanction and has been convicted. His judgment is not pending. The NEC said those who have been judged by a court of law must resign.

“Lungisa has a criminal record and was found guilty by a court of law having fought in a council chamber.”

Lungisa could not be reached for comment at the time of writing.

The Supreme Court of Appeal (SCA) in Bloemfontein is still considering Lungisa’s appeal against his effective two-year sentence for assault.

He was found guilty of assault with intent to do grievous bodily harm after he intentionally smashed a full glass water jug over an opposition councillor’s head during a council brawl in October 2016.

The SCA had only granted him leave to appeal against his sentence. His conviction stands.

While Lungisa’s lawyers have argued that the sentence was shockingly harsh, particularly for a first-time offender, and that he was being sacrificed on the altar of deterrence, the prosecution believes the sentence to be appropriate.

It is not clear when a decision will be made.

Asked if his sentence could be reduced and if the suspension would be lifted, Magqashela said: “We will cross that bridge when we get there. We don’t have anything personal against Lungisa.”

HeraldLIVE