Johannesburg - Convicted former ANC Chief Whip Tony Yengeni returns to court on Monday to find out if he will spend time in jail or not.

Yengeni was yesterday found guilty on an alternative charge of failing to disclose to parliament the fact that he obtained a luxury Mercedes-Benz ML 320 4x4 vehicle at a 47% discount.

He was found not guilty on counts of corruption by Specialised Commercial Crimes Court magistrate Bill Moyses.

Moyses postponed the matter to Monday for argument in mitigation and aggravation of sentence.

His co-accused Michael Woërfel, a suspended director of Aeronautics Defence and Space company (Eads) - a German-based company that stood to benefit from the arms deal - is expected back in court on March 19 after the state separated the trials.

Yengeni yesterday declined to discuss the case and told the Pretoria News he would only comment once the trial had been finalised.

"It will be unwise for me to comment while the trial is still on, because anything can happen between now and Monday.

Yengeni conceded in his written plea of guilty - submitted to court by his legal representative Viwe Notshe, SC - that he acted in breach of his public duties and with the intent to defraud parliament.

Yengeni, who was the chairman of parliament's standing committee on Defence, said he convinced Woërfel, then head of Daimler-Benz's office in Pretoria, to arrange the deal for him.

The court heard that Yengeni became interested in the luxury vehicle after a visit to an air show in Brazil which was arranged by Woërfel.

"I informed accused No 2 (Woërfel) that I was interested in the vehicle and asked him to arrange a discount for me," said Yengeni.

Wo‘rfel then sold the car, initially priced at about R349 950, to Yengeni for R182 563.

Yengeni said his position as chairman of parliament's standing committee on defence was one of trust, and his duties were to maintain the highest standards and ensure that the committee's integrity was beyond question.

"This was an improper benefit which should have been disclosed to parliament's ethics committee."

Yengeni said the 47% discount he received for the vehicle was not available to members of the public or car dealers. "I received the benefit because of my high-profile position."

Yengeni said he and Woërfel falsely claimed that the reason he bought the vehicle at a discount was that it was damaged.

With regard to the full-page advertisement in July 2001 defending his acquisition of the luxury vehicle, Yengeni said it had been improper to place the advertisement.

Meanwhile, Yengeni declined to comment on the return of his legal team whose members indicated on Wednesday that they had withdrawn from the trial because they did not have further instructions.

"My lips are sealed," said Yengeni.

Instructing attorney Brian Mashile also declined to comment.

Notshe told the court that though the legal team withdrew from the trial, there were negotiations outside court "which came to fruition".

Sapa reports that whether or not former ANC chief whip Tony Yengeni retains his parliamentary seat would depend on the sentence he is to receive after being convicted of fraud yesterday.

In terms of the constitution, no person may be a member of the national assembly if convicted of an offence and sentenced to more than 12 months' imprisonment without the option of a fine.

Chapter four of the constitution also states: "No one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined or until the time for an appeal has expired."

With acknowledgements to Patrick Hlahla and the Cape Times.