Publication: Sunday Times Issued: Date: 2005-11-13 Reporter: Carmel Rickard Reporter:

Court Rules: Scorpions 1 — Yengeni 0

 

Publication 

Sunday Times

Date

2005-11-13

Reporter

 Carmel Rickard

Web Link

www.sundaytimes.co.za

 

The unequivocal court decision this week confirming former ANC Chief Whip Tony Yengeni’s conviction and prison sentence will be another trump card for the Scorpions.

A probe by the special investigation unit, which is before the Khampepe commission of inquiry fighting for its life as an independent group separate from the police, was behind the success of the Yengeni case.

The two Pretoria High Court judges who heard the review and appeal in the matter criticised Yengeni as someone who had committed fraud “out of greed, not need”.

They said Yengeni had repeatedly attempted to throw the investigation off track by, among other things, taking out “deceitful” advertisements proclaiming his innocence, and launched “unbridled and dishonest attacks on his critics”.

Yengeni’s fraudulent activities, related to a 4x4 Mercedes-Benz he acquired at half its value from a party bidding to supply arms to South Africa, will almost certainly be re-examined by the Supreme Court of Appeals in Bloemfontein after his lawyers said they would seek leave to appeal the latest decision.

Yengeni was not the only one to come in for criticism by the High Court. The judges also indicated their dissatisfaction with the behaviour of former Minister of Justice Penuell Maduna and former Scorpions boss Bulelani Ngcuka, who met Yengeni at Maduna’s home to discuss a plea bargain.

The meeting was inappropriate, the judges said. For Yengeni to seek Maduna’s help may have created the impression that he wanted the support of a politically powerful ally to influence Ngcuka on grounds “that had more to do with political connectivity than with the merits of his case”.

It had been “unwise” for Maduna to take part in the discussions as it could have created the impression that he was putting improper pressure on Ngcuka.

Finally, it was “indubitably ill-advised” for Ngcuka to have participated in the discussions. The independence of his office and the proper exercise of his extensive powers were incompatible with any suggestion that he might have lent an ear to politicians wanting to advance the interests of a crony.

The resulting deal tended to shore up suspicions that the outcome was not based on independent considerations of the interests of justice *1, the judges said.

With acknowledgements to Carmel Rickard and Sunday Times.


*1 An assenine situation, easily reminding one of the frequent conduct of Imbongolos.