Publication: Sapa Issued: Pretoria Date: 2005-11-11 Reporter: Mariette le Roux

ANC "Pained" by Yengeni Judgment

 

Publication 

Sapa
BC-COURT-YENGENI-LD-REAX

Date

2005-11-11

Issued

Pretoria

Reporter

 Mariette le Roux

 

The African National Congress noted "with pain" the Pretoria High Court's dismissal on Friday of an appeal by politician Tony Yengeni against a fraud conviction and four-year sentence.

"The ANC is saddened by the fact that a person of Comrade Yengeni's calibre, who made a major contribution to the liberation struggle of our people, should find himself in this unfortunate situation *1," it said.

"However, the ANC will continue to respect the judiciary."

The party would continue giving Yengeni moral and political support, it added.

The ANC would also remain in contact with Yengeni's wife, Lumka, and children, to whom it extended "a word of strength".

Party spokesman Smuts Ngonyama could not be reached to comment on the effect of the judgment on Yengeni's membership of the ANC's national executive committee.

The SA Students Congress expressed outrage at the judgment.

"This ruling is clearly an indication that our country is still very far from the judiciary transformation (sic)."

Yengeni's conviction related to his failure to register a benefit in Parliament, and did not involve the actual theft of money from any state organ or individual, said the student body.

"Failure to disclose in Parliament is not equivalent to a heinous crime but is a procedural matter *2," it continued.

"As Sasco, we are failing to understand the logic of the court because many self-confessed rapists and racists mass murderers under the leadership of (Afrikaner Weerstandsbeweging leader) Eugene Terreblanche get only 18 months while our leaders are sent away for simple discounts (sic).

"Even worse, the court was contemplating to increase his sentence which clearly demonstrate its desire to remove him from the society (sic)."

Sasco urged the Justice Department to speed up judicial transformation "to avoid this glaring double standard".

The African Christian Democratic Party said Yengeni should be thankful his sentence was not increased.

"This judgment sends a clear message regarding society's disapproval of fraud and corruption, which is reported to cost the South African economy between R50 billion and R150bn a year," it said.

"The court's decision falls in line with President Thabo Mbeki's commitment to fight fraud and corruption. It further indicates that no person, including those with political clout, is above the law."

Democratic Alliance chief whip Douglas Gibson praised the judgment as a "withering refutation" of Yengeni's allegations about former National Director of Public Prosecutions Bulelani Ngcuka.

"The judges have sent a message that those who are corrupt should be made to pay for it."

The court found that the four-year jail term imposed on Yengeni "errs significantly on the side of leniency".

An effective five-year sentence would have been more appropriate, found judges Eberhard Bertelsmann and Ferdi Preller.

Yengeni's sentence stipulates that he can be released into correctional supervision after eight months behind bars.

The judges found the politician had been correctly convicted of defrauding Parliament by failing to disclose a near-50 percent discount on a 4x4 Mercedes Benz.

He had lied about it for nearly two years.

A non-custodial sentence, as sought by the State and the defence, would be "flagrantly inappropriate", they said.

Initially charged with corruption and fraud, Yengeni was convicted in 2003 of an alternative count of fraud following plea negotiations with the State.

The car deal was arranged by a representative of a bidder in the government's arms acquisition process, at a time when Yengeni was chairman of Parliament's joint standing committee on defence.

The judges said Yengeni initiated the fraudulent deal, then helped prepare a backdated agreement of sale falsely stating the car was purchased at a price of R230 052, and that he paid a R50 000 deposit. He in fact paid R182 563 in total.

Yengeni placed newspaper advertisements proclaiming his innocence and attacking his accusers and investigators, the judges said.

There could be no doubt that he intended to deceive Parliament and the public at large.

The judges rejected Yengeni's claim that Ngcuka had promised him a fine not exceeding R5 000 if he pleaded guilty to a "watered down" charge.

"... it bears every hallmark of a desperate clutching at straws to escape the consequences of (his) actions rather than the ring of truth".

The court dismissed with costs Yengeni's application for a review of his trial on the basis of the alleged deal with Ngcuka, and his appeal against conviction and sentence.

Yengeni has instructed his lawyers to approach the high court for leave to appeal to the Supreme Court of Appeal (SCA) in Bloemfontein.

If this was denied, he would petition the SCA directly, said Yengeni's attorney Marius du Toit.

Yengeni, who is out on bail, has two weeks to file the court documents or report to jail.

With acknowledgements to Mariette le Roux and Sapa.


*1  EADS, equity partner of Reutech Radar Systems, handed out at least 33 motor cars to the who's who of the defence decision-making body politic in the run up to the Arms Deal.

How come only poor Tony must spend 8 months in the slammer while there isn't even a squeak of a prosecution or even an investigation into the others.

Is is because Tony got greedy and actually got 3 of the 33 Mercs?

*2  Indeed it is not a heinous crime, that's why he only got four years (with 40 out of 48 months suspended). Once one reaches the R500 000 threshold, it gets to 15 years, but that's still not for heinous crimes, for which 25 years might be given.