By Mayibongwe Maqhina 
Jul 15, 2021
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FORMER ANC councillor and ex-ANC Youth League deputy president Andile Lungisa is appealing the suspension of his party’s membership, saying it was “totally unfair and tantamount to a third sanction”.
This comes after ANC provincial secretary Lulama Ngcukayitobi informed Lungisa on Wednesday that his membership was suspended for 18 months.
The suspension arose from his conviction on charges of assault to do grievous bodily harm to Nelson Mandela metro councillor Raino Kaiser and a sentence of two years without an option of a fine.
On Thursday, Lungisa said he was appealing the outcomes of the provincial disciplinary committee (PDC).
His appeal takes place as the Gqeberha taxi industry was making him address the public and discourage them from engaging in any violent protests in the area and the Eastern Cape.
In his appeal, the former youth leader cited four grounds for his suspension to be thrown out of the window.
Lungisa said the ANC constitution provides for the PDC to be constituted by at least five provincial executive members.
“In the disciplinary committee proceedings, there were only four members. One (was) not from the structures of the ANC and (an)other member (was) not appointed by the provincial executive committee, so only two members met constitutional provisions,” he said.
The national disciplinary appeal committee recently reversed the suspension of councillors in the OR Tambo District municipality and ordered the disciplinary proceedings afresh on similar grounds.
Lungisa also said the ANC constitution stated that it was preferable that the charge sheet be served personally on the charged member by an authorised member of the ANC.
The constitution also states that the charge sheet could be faxed or sent by registered post to the physical or postal address of the charged member, he said.
“The charge sheet was not properly served. A sheriff of the court was used, which is in conflict with the provisions of the ANC constitution.”
Lungisa said the constitution also provides for the charge sheet to be delivered to the charged member or his or her representative within six months from the date when knowledge of a members’ alleged act of misconduct or conviction in a court of law was brought to the attention of the ANC.
“The disciplinary charge sheet was only served at home on 19 March 2021, by the sheriff of the court, which is against the ANC constitution.”
Lungisa also said the ANC constitution could not punish a member who was already found guilty of an offence and served his sentence.
“I have already been sanctioned based on the very self-same allegations of me being found guilty in a court of law for common assault, in that the PEC instructed me last year to relinquish my position as a member of the mayoral committee in the Nelson Mandela Bay Municipality,” Lungisa said, adding that the provincial executive committee (PEC) previously cleared him of the same offence.
“This instruction to step down is no less a sanction, for which the PEC now once more gives me another sanction.
“This is totally unfair and tantamount to a third sanction, hence triple jeopardy,” he said.
“As such, should I be sanctioned in any way for the same offence of me being convicted of assault, it would be the third time I am receiving a sanction for the self-same offence and facts,” he said.
In a veiled swipe at the ANC leadership in the Eastern Cape, Lungisa said: “They are trying everything in their powers to take my membership. They want my life as well.”