Publication: Mail and Guardian
Yengeni's Bail Extended Pending Appeal Petition
Mail and Guardian
The bail of former African National Congress chief whip Tony Yengeni was
extended by the Pretoria High Court on Wednesday, pending a petition to the
Supreme Court of Appeal to appeal against his four-year jail
Judges Eberhardt Bertelsmann and Ferdi Preller extended
Yengeni's bail pending the serving of a petition on the president of the Supreme
Court of Appeal for leave to appeal against his sentence, and any subsequent
appeal if his petition is successful.
His R10 000 bail was, however,
increased to R30 000. He was given until the end of the day to pay the
additional bail. He must also report to the Milnerton police station in Cape
Town twice every week and was ordered to hand in his passport for
If his petition or subsequent appeal fails, Yengeni will
have to report to the Pollsmoor prison in Cape Town within 72 hours to start
serving his sentence.
Yengeni was sentenced in March 2003 in the Pretoria
Regional Court to four years imprisonment under Section 276(1)(i) of the
Criminal Procedure Act -- which means he has to serve eight months in effect --
for defrauding Parliament about a discount he had received on a 4x4
Bertelsmann and Preller dismissed Yengeni's appeal in
November against his conviction and sentence and earlier this year refused him
leave to appeal against his sentence.
The judges rejected Yengeni's claim
that he had entered into a plea bargain agreement with former head of
prosecution Bulelani Ngcuka that would have kept him out of jail. Yengeni
insisted he was innocent and only agreed to the deal to avoid a protracted and
The judges criticised former minister of justice Penuell
Maduna and Ngcuka for meeting Yengeni in 2003 to discuss his potential
They said Yengeni was different from an ordinary citizen
because he was a public official convicted of corruption who had abused his
position of trust for years.
The judges said Yengeni had not only failed
to enter and disclose the benefit to Parliament, but had repeatedly, dishonestly
and calculatedly denied receiving the benefit.
With acknowledgement to the Mail and Guardian.