The ANC has “seriously reprimanded” and fined its national chairman and Defence Minister Mosiuoa Lekota and suspended the membership of former chief whip Tony Yengeni, although the latter’s sanction was conditionally suspended for three years.
The decision of an ANC’s national disciplinary committee (NDC) — chaired by National Executive Committee member and national Education Minister Kader Asmal -‒ was announced on Wednesday.
The Mail & Guardian newspaper first broke the story that Lekota had not registered his shares in Prestproprs, which trades as BZL Petroleum and was a director of a Free State wine cellar Landzicht. When confronted the minister told the newspaper at the time that it was his intention to disclose his interests.
“It is accurate that in practice I did not disclose.”
According to a statement issued on Wednesday, the NDC met in Pretoria on July 17 to hear charges against Lekota, who is national chairperson of the ANC.
“The charges related to his contravention of Rule 25.5 (c) of the constitution of the African National Congress. It was alleged that he had brought the ANC into disrepute and displayed conduct unbecoming by failing to fully comply with the Code of Conduct for MPs by failing to provide Parliament with details related to his financial interests.”
The statement continues: “As a result, the organisation had been shown in a bad light, particularly since Lekota is a senior office bearer and public representative of the ANC.”
The charge elaborated that he failed to exercise the due care and diligence expected of a member of the ANC, a senior office bearer, a Member of Parliament and a member of the Cabinet, “given the ANC’s commitment to instilling public confidence in, and by ensuring transparency and accountability of, public representatives”.
Lekota pleaded guilty to the charges and admitted to being found guilty of having violated the Code of Conduct for Members of Parliament.
The committee considered Lekota’s failure to provide correct and satisfactory information to Parliament in a serious light. The committee “therefore unanimously decided that Minister Lekota should be seriously reprimanded for his non-compliance with the rules regarding disclosure and for subjecting the ANC to ridicule and contempt.
The NDC found it appropriate to impose a fine of R5 000 payable to the ANC. It felt that the reprimand and fine would demonstrate the ANC’s commitment to dealing with this kind of offence by its members.
In deciding the penalty the NDC took into account the promptness and responsible manner in which Lekota dealt with the omission and the fact that his actions were not willful, that there was an absence of dishonesty, fraud, or a conflict of interest suggesting impropriety, but rather amounted to a negligent omission in fully disclosing his financial interests.
The committee also acknowledged that Lekota had never before been charged for any violation of any Rule or Standing Order of the ANC at any level prior to this hearing and that he had shown remorse and taken immediate steps to minimise the damage or harm caused to the ANC.
The other members of the committee were Trade and Industry Minister Alec Erwin, Public Enterprises Minister Jeff Radebe and Collins Chabane.
Yengeni recently resigned from Parliament after receiving a four-year sentence for defrauding Parliament. Yengeni covered up the nearly 50% discount he received on a luxury Mercedes Benz. He was given R10 000 bail pending his appeal.
It was alleged that he had brought the ANC into disrepute “and displayed conduct unbecoming that of a member or a public representative of the ANC relating to the acquisition of a motor vehicle and the required declarations to Parliament in terms of the Code of Conduct for MPs”.
According to the ANC statement Yengeni entered a plea of guilty to the charge in a detailed statement in which he said that he failed to disclose the 47% discount which he received on the vehicle, a discount that was not available to the general public and was required to be registered in terms of the Code of Conduct for Members of Parliament which he had not done.
He had further made misrepresentations to the National Assembly of Parliament and to the public by stating that he signed a document dated 15 October 1998, an agreement of sale in respect of the vehicle for the falsely deflated amount of R230 052; falsely reported that he paid a deposit of R50 000 and that the vehicle was damaged during transport and that the vehicle was sold as a used vehicle without a warranty.
The ANC reported that “during the hearing Yengeni expressed remorse for his behaviour and the embarrassment that had been caused to the ANC”.
The NDC viewed Yengeni’s contravention of the ANC Constitution “as one of an extremely serious nature, although the committee recognised that there was no fraudulent appropriation of property and that Yengeni had cooperated fully with the disciplinary process”.
The NDC decided to suspend Yengeni’s membership of the ANC for a period of five years, commencing from June 21, 2003.
This penalty was wholly suspended for a period of three years on condition that Yengeni, during the period of suspension, was not convicted of any offence by a court of law; or convicted of any contravention in terms of the ANC constitution or any ANC code of conduct, where dishonesty forms an element of the matter of which Yengeni is convicted and it is of a serious nature. “The matter in respect of which he has been convicted of fraud and which is presently on appeal before our courts of law is specifically excluded for purposes of this condition,” it said.
The NDC also noted Yengeni’s voluntary undertaking not to stand for any position in government or Parliament.
Meanwhile, the ANC said on Tuesday it had appointed Ogilvy & Mather as the party’s advertising agency for the 2004 general election. – I-Net Bridge