Arguments in mitigation and aggravation of sentence are to start in the Pretoria Commercial Crimes Court on Monday for convicted fraudster Tony Yengeni — former chief whip of the African National Congress.
Yengeni, still an MP, was on Thursday found guilty of fraud by Magistrate Bill Moyses in terms of a plea agreement with the State. In return, he was acquitted of corruption. The charges relate to a 47% discount he received on a luxury 4X4 Mercedes Benz in 1998.
Whether or not Yengeni retains his parliamentary seat would depend on the sentence he is to receive. In terms of the Constitution, no person may be a member of the National Assembly if convicted of an offence and sentenced to more
than 12 months’ imprisonment without the option of a fine.
Chapter four of the Constitution also states: ”No one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined or until the time for an appeal has expired”.
In a written plea explanation, Yengeni last week admitted he acted in breach of his public duties and with the intent to defraud Parliament. He was at the time chairman of Parliament’s joint standing committee on defence.
He said he convinced his co-accused, businessman Michael Woerfel, to arrange the deal on a Mercedes Benz ML320. Woerfel was at the time the head of Daimler-Benz Aerospace AG’s Pretoria representative office. Daimler-Benz Aerospace was the manufacturer of the AT2000 — which was at the time being considered with two other light fighter aircraft as part of South Africa’s arms acquisition process.
Yengeni paid only R182 563,63 for the car. Its retail price was R349 950. Woerfel’s trial is to continue separately on March 19. – Sapa