Publication: Rapport Issued: Date: 2002-01-26 Reporter: Andries Cornelissen Editor:

State Balls its Fist by Leaving Yengeni's Charge of Perjury for Now

Translation for : Staat Bal sy Vuis Deur Yengeni se Klag van Meineed Eers te Los

Publication  Rapport
Date 2002-01-26
Reporter

Andries Cornelissen

Web Link www.news24.co.za


The charge of statutory perjury against Tony Yengeni, former chief whip of the ANC, was withdrawn due to technical reasons to ensure that Yengeni and his co-accused, Mr Michael Woerfel, will be tried together.

Yengeni can still be charged with statutory perjury at a later stage.

Only Yengeni is charged with perjury and this alleged crime was not committed at the same time and place as the alleged corruption and forgery connected with Yengeni’s Mercedes-Benz ML320.

Woerfel’s legal team can, in accordance with the Criminal Procedure Act, claim "misjoinder" and they have already made inquiries regarding the charge of statutory perjury.

Adv. Jan Henning, SC, prosecutor, stated that this charge is a side-show in comparison with the charge of corruption and fraud and that is why it had been withdrawn.

The Government will thereby stay on the safe side because the charge for corruption is the first prize. By hearing them both at the same time, they can also be "used" against each other.

This does not give Woerfel and Yengeni’s heavy duty legal representatives, Adv. Hilton Epstein, SC, and Adv Michael Hellens, SC, respectively, from Johannesburg, a chance for long arguments regarding the charge of perjury when the court case begins.

The state alleges that Yengeni committed statutory perjury when he told the Scorpions in June of last year that the car had cost R230 052, was damaged, he was therefore given a discount and that he paid a deposit of R50 000.

According to the State, the price for buying the car was R182 56, the vehicle was not damaged and he did not pay a deposit. Yengeni thus received a discount of R167 000.

Yengeni was supported in court by Mr Ntsiki Mashimbye, ANC-MP. He succeeded Yengeni as chairman of parliament’s joint standing committee on defence.

The hearing was postponed until 15 March and both of the accused’s bail of R10 000 was extended.

Mr Chippy Shaik, head of acquisitions for the department of defence at the time of the arms deal, said that he was going to oppose a finding by the investigating team that he had made public confidential information in the auditor-general’s draft report of the arms investigation.

Sapa reported that Mr Zam Titus, director-general for the department of local and provincial government and chairman of the investigating team, will decide the fate of Chippy Shaik the following week.

The announcement will probably be made by Mr January Masilela, secretary of the department of defence.

Mr Misiuoa Lekota, minister of defence, last year gave Shaik a copy of the report for his comment. He gave it to his lawyers, who discussed it with Mr Shauket Fakie, the auditor-general.

Shaik’s brother, Shabir, will appear in the Durban regional court from 27 to 31 May on charges of theft of cabinet documents.

He was arrested in November last year.

Mr Shabir Shaik, who is involved with companies that won tenders in the arms deal, is adamant that there are political reasons behind his prosecution. He is deputy president Jacob Zuma’s financial advisor.

Certain groups are out to discredit Zuma by prosecuting him.

He accuses Dr Penuell Maduna, minister of justice, of using the Scorpions for his own gain. The department of justice labelled this as "rubbish".

With acknowledgements to Andries Cornelissen and Rapport.