Last week's news item that Parliament could do no more than censure Tony Yengeni for his misdemeanours may have disappointed many, but it should not have surprised anyone who knows what the Constitution says. Clause 47 (1) (e) provides that a person ceases to be eligible to sit as an MP if he or she is convicted of an offence and sentenced to more than 12 month's imprisonment without the option of a fine; and also that the disqualification ends five years after completion of the sentence.

Sentence has not yet been passed on Yengeni. When it is, if it is less than "twelve months without the option" he will remain eligible to sit in Parliament, no matter how strongly the House condemns the crime he committed.

His party, however, can take more severe action. In a system of proportional representation a party can decide that it no longer wants someone to be one of its public representatives and it may unseat that person and substitute someone else from the party list. Since Parliament's powers to act against one of its members are limited (and it would probably be decided on a party-political vote anyway) it is now for the ANC to decide whether it places the integrity of Parliament above party considerations. It would be ironic as well as scandalous for the high-principled Andrew Feinstein to have resigned his seat over this matter while Tony Yengeni continues to occupy his.

Yengeni has pleaded guilty to serious fraud, after first strenuously denying wrongdoing, and even putting out large public advertisements attacking the media for their refusal to let the matter rest. By a shrewd plea bargain he has avoided trial for corruption. The ANC can remove him from Parliament if it wishes, whatever sentence he is given.

With acknowledgement to The Natal Witness.