Andile Lungisa, who was granted bail of R10,000 in the high court in Makhanda earlier on Friday, has elected not to be immediately released from prison.
The reasons for the decision to remain behind bars are not known.
His lawyer, Alwyn Griebenow, would only say they were thrilled with the outcome of the bail application.
“My client has the money to pay bail but he has elected not to be released today.”
Lungisa, who had applied for bail pending a Constitutional Court appeal, 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.