Yengeni fights to clear name

2005-02-14 15:08

Pretoria - Politician and convicted fraudster Tony Yengeni has accused former prosecutions head Bulelani Ngcuka of reneging on a deal guaranteeing him a R5 000 fine in exchange for a guilty plea.

Yengeni, who faces a four-year prison term, claimed the agreement was struck at a meeting also attended by former justice minister Penuell Maduna in January 2003.

"I accepted the arrangement even though I still felt that I was innocent of all the charges," Yengeni states in an affidavit filed in the Pretoria High Court this month in a revised notice of appeal.

"I was satisfied that an agreement had been reached which would prevent a protracted trial, even though I still felt I was innocent."

But in argument on sentencing at the conclusion of his trial, the State did not suggest a fine and emphasised the seriousness of the offence.

Yengeni said he attended a meeting of African National Congress officials in February 2003 to discuss Ngcuka's conduct.

At the meeting, Maduna confirmed the agreement and said that Ngcuka was not keeping his side of the bargain out of concern for his public integrity.

"It was agreed that Dr Maduna would meet with Mr Ngcuka to discuss the matter and insure (sic) that the agreement be implemented," the affidavit read.

"Despite the aforegoing, I can only draw the inference that Mr Ngcuka defied the agreement confirmed by Mr Maduna, reached at the meeting with the ANC officials."

Yengeni said he only ever considered pleading guilty because financial constraints would not have allowed him to fund a protracted trial.

"After the agreement was entered into between Mr Ngcuka, Minister Maduna and myself, I felt that I had no other option but to plead guilty to a watered down charge to dispose of the matter.

"I verily believed that I would receive a fine not exceeding R5 000."

- SAPA