Most opposition parties on Monday strongly condemned disgraced former African National Congress (ANC) chief whip Tony Yengeni’s release on parole from Malmesbury prison after serving only four months of a four-year sentence. The ANC urged, however, that Yengeni be allowed to resume his normal life.
An unrepentant Yengeni told a crowd of supporters outside the prison grounds on Monday morning that he should never have gone to jail. ”I am now walking out of this prison — the place I was not supposed to be in the first place, but we’ll leave that to a later stage,” he said.
In a statement later, the Democratic Alliance’s James Selfe said that had Yengeni served at least one-sixth of his sentence, as he was required to do, he would have been in prison for eight months.
As it stood, he was being released after only slightly over four months. ”Consequently, the parole board must have found grounds to release him early.
”This begs the question — what factors did the parole board take into account given that Mr Yengeni is so clearly remorseless, and has brazenly broken several rules during his imprisonment?”
The purpose of the correctional system is to correct offending behaviour and reward those who have truly reformed with early release.
”Mr Yengeni does not appear to have learned any lessons during his time in prison. This is illustrated by the fact that he is clearly not prepared to take responsibility for his actions, remaining unrepentant and unreformed.”
Yengeni’s attitude, and the fact that so many top-level ANC members are prepared to associate themselves with him, is setting the most appalling example to the nation, Selfe said.
Also in a statement, the ANC said that throughout the Yengeni saga, it had consistently held that the law should take its course without fear or favour. It had urged respect for the outcome of the legal process as well as for correctional regulations and procedures, and this remains its position as Yengeni begins his period of correctional supervision.
”Consistent with its own internal rules and regulations, the ANC brought disciplinary action against Yengeni in June 2003, where he pleaded guilty to charges of contravening the ANC constitution, and sanctions were imposed.
”The ANC trusts that following the completion of his period of correctional supervision, having satisfied both the conditions of the court and the sanctions of the ANC, Yengeni will be allowed to resume his life and will be able to continue his contribution to building a united, democratic, non-racial and non-sexist society,” the party said.
‘Disgrace’
Inkatha Freedom Party spokesperson Sybil Seaton said Yengeni’s early release after serving only 20 weeks of his four-year prison sentence is a national disgrace.
”The release of convicted fraudster Tony Yengeni from prison today … is a national disgrace and a clear indication that ANC high-profile prisoners receive preferential treatment.”
Seaton said every rule in the book has been changed or bent to accommodate the former ANC chief whip, who was convicted in 2003 of defrauding Parliament by failing to disclose a 47% discount on a luxury 4X4 Mercedes-Benz.
”The Department of Correctional Services and the ANC have made a complete mockery of his prison term,” she said.
The African Christian Democratic Party’s Steve Swart agreed it is a disgrace. ”This sends out the wrong message, implying that those persons who are politically connected will receive preferential treatment. We also believe that Yengeni’s early release undermines the deterrent role jail sentences play.”
White-collar crime, such as fraud and corruption, is widespread. A potential fraudster — armed with the knowledge that, should he be caught, tried and sentenced he might only have to serve one-sixth of his sentence — might decide the risk is worth it.
”This, to a large extent, negates the deterrent function sentences of imprisonment should serve on society as a whole,” Seaton said.
‘No example’
Independent Democrats leader Patricia de Lille also found it disgraceful Yengeni served such a short term. ”This is no example to ordinary South Africans, the millions to whom we must prove that justice is dished out fairly to all.
”While the fact that Yengeni was jailed sent out the right message, his early release does a lot to cancel that out,” De Lille said.
Frik van Heerden, spokesperson for the Freedom Front Plus, told the Mail & Guardian Online Yengeni’s early release from prison signifies ”not only selective judgement but also selective punishment” on the part of the government.
He said that the party would not be surprised if Yengeni asked for a ”presidential pardon” and tried to be reinstated as an MP, adding that this outcome is ”very, very probable”.
”It is possible, given the high profile people that escorted him to Pollsmoor Prison and that visited him in Malmesbury Prison … [and the] haste at which they released him,” Van Heerden said. ”He may again be chief whip.”
For his part, South African Prisoners’ Organisation for Human Rights president Golden Miles Bhudu welcomed Yengeni’s early release, saying the organisation does not have the time to comment on his ”childish, arrogant and spoiled-brat behaviour and misconduct”.
”That is why we say, ‘Good riddance.’ Go home, comrade Tony, and stay out of trouble, and as a result you will stay out of prison.”
Bhudu said Yengeni’s short stay was legally correct, as he was required to serve at least one-sixth of his sentence, which was four months.
However, Yengeni had ”once again got off very, very lightly” over his alleged breaking of parole conditions earlier, as this was punishable by up to 10 years in jail or a fine or both.
”If there was any fairness in treating all of us equal in front of the law, Tony Yengeni should at least have his sentence prolonged with a few months,” Bhudu said. — Sapa