Lungisa was brought to the Port Elizabeth Magistrate’s Court from prison late on Thursday after his lawyers brought an urgent bail application pending his petition to the Grahamstown High Court after leave to appeal his conviction and two-year sentence was dismissed.
However, the prosecution only came to know about the bail bid at 2 pm on Thursday and even the magistrate was only alerted about it late in the day.
Magistrate Mornay Cannon made the remarks just before granting Lungisa bail of R10,000.
Last month Lungisa was found guilty of intentionally smashing a glass jug over the head of former mayoral committee member for transport, Rano Kayser, during a chaotic 2016 Nelson Mandela Bay council meeting.
Cannon criticised Lungisa’s lawyers and said he was dissatisfied with the way in which Lungisa’s urgent bail application was initially brought.
Cannon said that he had only received the papers late on Thursday afternoon.
“The impression given was that the accused was given special treatment,” said Cannon.
Senior Public Prosecutor Clive Kilian earlier also expressed unhappiness and said it was unacceptable how the bail application was brought.
The State, however, did not oppose bail.
Lungisa’s brother Ayongezwa Lungisa said Cannon’s comments about special treatment were unfortunate and not true.
“Even when we went to see him [at prison] there was never an incident where we were allowed to see him when we were not supposed to. We never brought food. He said to us ‘don’t bring me food, I will eat what is available here and sleep on the blankets here’.
“I don’t know on what basis of allusion he received special treatment. Andile is a special person, he would have intimidated the judge. Those comments were out of a self-inferiority complex,” he said.
Lungisa was released after Cannon found that it was unlikely that he would abscond.
He was ordered to report to the Kabega Park police station twice a week. In addition, Lungisa is to report to the clerk of the court if his petition was granted or leave to appeal his conviction and sentence was successful.