/ 19 March 2003

D-Day for Yengeni

Former African National Congress (ANC) chief whip Tony Yengeni is to know his fate on Wednesday when he is sentenced for fraud in Pretoria’s Specialised Commercial Crimes Court.

He pleaded guilty last month to a charge of fraud in terms of a plea agreement with the State. In return, he was acquitted on corruption.

Yengeni was initially charged with corruption for accepting a 47% discount on a luxury 4X4 Mercedes in return for using his influence to ”market” the products of Daimler-Benz Aerospace AG or Daimler-Benz Aerospace SA.

He faced an alternative count of fraud for failing to disclose the benefit to Parliament. This is the charge of which he was convicted.

His co-accused, businessman Michael Woerfel, was charged with corruption for allegedly arranging the deal on a Mercedes Benz ML 320A.

He was at the time head of Daimler-Benz Aerospace’s Pretoria representative office, while Yengeni was the chairman of Parliament’s joint standing committee on defence.

Daimler-Benz Aerospace was the manufacturer of the AT2000 — which was at the time being considered with two other aircraft in South Africa’s search for an advanced light fighter aircraft in terms of the arms acquisition process.

Both men faced a charge of fraud for alleged false representations made in the agreement of sale drawn up for the car deal. In terms of the plea agreement, this charge was incorporated into the charge Yengeni pleaded guilty to.

He also confessed to lying in a newspaper advertisement he took out to proclaim his innocence.

Both men initially pleaded not guilty. Woerfel maintains his innocence. His trial is to continue separately on Wednesday following Yengeni’s sentencing.

Arguing in aggravation of sentence last month, the State said the politician had deliberately and repeatedly violated the trust placed in him.

He was described by defence counsel, however, as an honourable man vilified by the media.

Yengeni asked for a R1 000 fine, arguing this was all he could afford.

His drawn-out trial was delayed several times — initially when Yengeni challenged the charge sheet, and later when he switched legal teams.

His first team reportedly withdrew from the case because he owed them some R800 000.

Yengeni resigned his position as MP two weeks ago. – Sapa