ANC councillor Andile Lungisa has been granted bail in the amount of R10,000.
Judge Sunil Rugunanan made the order in the high court in Makhanda on Friday.
This means he will once again be released from prison pending the outcome of his application for leave to appeal to the Constitutional Court.
“If I were to refuse bail and the application for leave to appeal is successful, whenever that may be, then the applicant will be deprived of his freedom unnecessarily and the interests of justice will not be served.
“If however bail is granted and leave to appeal fails, then he will inevitably proceed to serve his sentence,” the judge said.
Lungisa was convicted in 2018 for assaulting DA councillor Rano Kayser during a heated council brawl in 2016.
Lungisa received an effective two years’ imprisonment for smashing a glass jug against the Kayser’s head.