Former African National Congress (ANC) chief whip Tony Yengeni was sentenced to four years in prison on Wednesday for defrauding Parliament.
He pleaded guilty to fraud last month in terms of a plea agreement with the State.
The charges relate to a 47% 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’s lawyer, Viwe Notshe, told reporters afterwards his client intended appealing against the sentence.
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 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.
Earlier on Wednesday, fraud and corruption charges against German businessman Michael Woerfel were withdrawn in the Pretoria Commercial Crimes court.
The charges were brought against him for allegedly arranging a discount on a luxury 4 X 4 Mercedes Benz for Yengeni.
The trial of Woerfel, who has pleaded not guilty, was to have continued separately after sentencing.
Woerfel’s lawyer, Mike Hellens, told reporters the withdrawal of charges against his client flowed from Yengeni’s plea bargain with the State.
In terms of that agreement, Yengeni was guilty of fraud but acquitted on corruption for allegedly accepting the 47% discount on his Mercedes.
Hellens said Yengeni was acquitted of everything Woerfel was charged with.
The logical conclusion was that the State was unable to prove corruption against Woerfel, Hellens explained.
At the time, Woerfel was the head of Daimler-Benz Aerospace AG’s Pretoria representative office.
Daimler-Benz Aerospace was the manufacturer of the AT2000 — which was then being considered with two other light fighter aircraft as part of South Africa’s arms acquisition process. – Sapa