Publication: Cape Times Issued: Date: 2005-11-14 Reporter: Karen Breytenbach Reporter:

ANC Criticised for its Public Show of Support for Yengeni

 

Publication 

Cape Times
Date 2005-11-14

Reporter

 Karen Breytenbach

Web Link

www.capetmes.co.za

 

'rule of law disrespected'

While the provincial leadership of the ANC sees "no controversy" in its show of solidarity with former ANC chief whip Tony Yengeni after he lost his appeal against a four-year prison sentence for fraud last week, some political scientists condemn this as a lack of respect for the rule of law.

A group of provincial leaders of the ANC, including Western Cape chairman James Ngculu, provincial secretary Mcebisi Skwatsha and social services and poverty alleviation MEC Koleka Mqulwana, visited Yengeni at his home yesterday morning and invited the media to join them.

Cape Town mayor Nomaindia Mfeketo joined the group, who visited Yengeni after paying a visit to defence minister Mosiuoa Lekota at Gatesville Medical Centre where he is recovering from a heart attack.

Skwatsha, who spoke on behalf of the group, said their visit to Yengeni was "a pledge of solidarity, which is one of the hallmarks of comradeship".

He said they would support Yengeni during his second appeal, this time at the Supreme Court of Appeal, after his four-year sentence for fraud was upheld last week by the Pretoria High Court.

Yengeni did not disclose to parliament a large discount on a Mecedes-Benz 4x4 from an arms company bidding for contracts at a time he headed parliament's defence committee.

"We told him he must be strong and that we will support him until the end. It's not up to us to decide if he is guilty or not, it's up to the court," said Skwatsha.

Asked if their public support of a convicted person could not be seen as inappropriate or controversial, Skwatsha said: "We believe in the rule of law. I don't know what you mean. There's nothing controversial about our visit."

Robert Schrire, head of political science at UCT, said the show of solidarity created the perception that the ANC suffered a lack of integrity, "which is more important than legal niceties".

"The message they are sending to the public is that party loyalty transcends the rule of law. Don't be found out, but if you do, it's all right, because we'll rally around you," said Shrire. 

"Economic transformation removed the gap between integrity and patronage or political connection. Many senior members of the ANC owe their wealth to their political connections, just like Yengeni ... and now there is a fine line between crime and politics."

Keith Gottschalk, of UWC's political science department, said the ANC's support of Yengeni could send "mixed signals" to the public about their commitment to fighting corruption.

"He's being supported by some of his closest colleagues over the past 10 years. But the whole point of such a conviction is to deter other politicians from condoning or committing similar crimes," he said.

Gottschalk said the government had a responsibility to set a good example on the continent, particularly to organisations like the African Union and the New Partnership for Africa's Development with its African Peer Review Mechanism.

Willie Breytenbach, African Politics professor at Stellenbosch University, said: "The ANC has made all the right noises about corruption, but now they're pledging support to a convicted fraudster. It seems comradeship is more important than citizenship, and the constitution takes second priority to party loyalty. It's a frightening thought."

Premier Ebrahim Rasool said: "The ANC has always understood what the line is when it comes to respect for the rule of law and solidarity with comrades. That's what makes the ANC what it is ... a remarkably humane organisation that retains respect for the law."

Idasa's Judith February said it would be wisest for ANC and government leaders to refrain from publicly supporting Yengeni and let the court process run its course.

"Government should be showing a zero tolerance approach to fraud and corruption. We have to ask ourselves: what kind of constitutional values are we espousing and what kind of leaders do we want?

"By publicly supporting Yengeni they are sending out a wrong message. There are big question marks hanging over his integrity after two scathing judgments from two courts."

With acknowledgements to Karen Breytenbach and the Cape Times.