Sentence 'harsh', says Yengeni
2003-03-19 11:42
Pretoria - Former African National Congress chief whip Tony Yengeni was freed on bail on Wednesday pending his appeal against a four-year sentence for defrauding parliament.
He described his sentence as "extremely harsh" to reporters outside Pretoria's Specialised Commercial Crimes Court.
His legal representative, Viwe Notshe, said the sentence would be challenged in the Pretoria High Court on the basis that it induced a sense of shock.
"The sentence is harsh and severe and bad in law," he said outside the court.
Yengeni pleaded guilty to fraud last month in terms of a plea agreement with the State.
The charges relate to a 47 percent discount he received on a luxury 4X4 Mercedes Benz in 1998.
Passing sentence, Magistrate Bill Moyses said: "What makes the crime even more serious is the planning and ongoing deceit after the benefit became public knowledge."
The court found it difficult to conclude that Yengeni was remorseful.
"You held this court at ransom for a long time with all sorts of fanciful defences," Moyses said.
"The trial was a lengthy and costly expedition, and taxpayers' money was wasted."
Yengeni was imprisoned under section 276 1 (I) of the Criminal Procedures Act which means he could be considered for correctional supervision after serving one sixth of the sentence.
Moyses doubted arguments put forward in mitigation by Notshe that Yengeni "fell on his sword and showed remorse".
"It would appear rather that you were pushed," the magistrate said.
He said the fact that Yengeni resigned his MP position was probably the only honourable thing the court could take into account in his favour.
Yengeni had abused his position of trust by defrauding the citizens of this country.
"Not only did you not disclose the benefits but thereafter covered up your tracks," Moyses said.
Parliamentarians were leaders of the nation and should set an example to their constituents.
"I regret to say the example you have set as chief whip of the ANC is shocking," the magistrate said.
He extended Yengeni's R10 000 bail on the condition that the surrendered to the correctional services department within seven days should his appeal fail.
- SAPA