Andile Lungisa was released on R10 000 bail in the High Court in Grahamstown on Friday.
Anelisa Ngcakani, spokesperson for the National Prosecuting Authority (NPA), said Lungisa was released on bail pending the outcome of his application for leave to appeal against his conviction in the Constitutional Court.
Lungisa reported to the North End Prison in Port Elizabeth just over a week ago to start serving a prison sentence after he was already convicted of assault in 2018 and sentenced to two years in prison.
According to Lungisa’s bail conditions, he must report to the Kabega Park police station on Mondays and Fridays and submit all his travel documents. If his application is rejected in the Constitutional Court, he must re-submit himself to the relevant authorities within 72 hours.
Lungisa would start serving a prison sentence after the Bloemfontein Court of Appeal earlier this month rejected his appeal against his conviction. He then submitted an application to the Constitutional Court and brought a new bail application.
The controversial ANC councilor in the Nelson Mandela Bay metro was found guilty of assault after hitting Rayno Kayser, DA councilor, over the head with a glass goblet. The incident took place during a chaotic Nelson Mandela Bay council meeting in October 2016.
According to The Herald, Lungisa chose to stay in jail despite being granted bail.