Cape Town - The African National Congress's former chief whip, Tony Yengeni, will face nothing stronger than censure for misleading the National Assembly, since its rules do not provide for stricter sanctions, MPs heard on Thursday.

A draft resolution of the National Assembly, which has been circulated to political parties, states merely that "the House pronounces its strongest disapproval of the Honourable Yengeni's conduct, and censures him accordingly".

It is due to come before the assembly next week.

During the National Assembly's programme committee meeting on Thursday, speaker Frene Ginwala said parliament's legal adviser would also have to look at the resolution "as I don't want it to infringe".

Ginwala draw a distinction between the ethics committee - which had re-opened its inquiry into Yengeni's failure to disclose benefits in Parliament's register of members' interests - and the National Assembly, which had to consider whether Yengeni's statement of March 28 to the house was accurate or misleading.

"The two cases are separate and do not conflict. If it is established that the house was misled, then it is extremely serious and we need to show how seriously we consider that," she said.

Pleaded guilty to fraud

However, MPs needed to decide, as a matter of principle, how seriously the National Assembly should treat MPs who misled the house.

Ginwala complained that, despite having asked for stricter sanctions to be written into parliament's rules, this had yet to be done.

"The problem is that the house has no way of applying any sanctions, except censure... We can't impose any penalty like suspension or a fine, or anything like that," she said.

The ethics committee, on the other hand, could penalise MPs for failing to disclose, as this was covered in the Code of Conduct.

The assembly's draft resolution refers to Yengeni's special statement to the house in March last year, in which he claimed that he had "legitimately purchased" a luxury 4x4 vehicle, after he was implicated in corruption.

Yengeni has subsequently pleaded guilty to fraud and admitted that he received a 47% discount on the vehicle from the head of a company involved in the arms deal.

Draft bill taking a long time

He has also acknowledged that his misrepresentation was made with the intent to defraud parliament.

The draft resolution reads: "In order to achieve a political order in South Africa that is open and transparent and accountable as envisaged in the constitution, it is essential that the integrity of members and that of the political institutions in which they serve, is beyond question."

It also notes that "The Honourable Yengeni knowingly misled the House... and this conduct falls short of the above-mentioned standard expected of members of parliament."

Ginwala also complained that the Powers and Privileges of Parliament Bill, which was in its 10th draft, was taking a long time to finalise.

She jokingly threatened that parliament's presiding officers would be "delighted to exercise Draconian powers" instead.

"It will make life so much easier."

With acknowledgements to Sapa and www.news24.co.za