Pretoria - Former African National Congress chief whip Tony Yengeni might have to handle his own defence in his fraud and corruption trial after the Pretoria Commercial Crimes Court on Wednesday refused his request for a postponement to find new counsel.

Denying a further delay, Magistrate Bill Moyses said: "Accused number one (Yengeni) has had reasonable opportunities to obtain legal representation.

"If a further postponement is granted it would be a gross injustice not only to the State but also to accused number two (businessman Michael Woerfel) and the administration of justice as a whole."

Moyses let the matter stand down until Thursday morning for the State to provide Yengeni with all the relevant documentation.

Viwe Notshe, SC, who was appointed last month to handle Yengeni's defence, and prosecutor Gerda Ferreira earlier told the court negotiations aimed at reaching a settlement had failed.

Notshe then informed the court: "I don't have instructions to proceed with the matter so I have no option but to withdraw."

After Notshe had excused himself, Yengeni asked the court for time to look for new legal representation and "a chance to secure money... so I'll be in a position to pay them".

He pointed out to the court that the Legal Aid Board had dismissed his application for assistance, as well as an appeal against that decision.

Postponement opposed

Ferreira opposed another postponement.

She said the State had already arranged for witnesses and a German interpreter to be present at court.

Mercedes Benz SA managing director Christoph Kupke, who was scheduled to testify on Wednesday, had cancelled a business trip to be present at court, Ferreira told the court.

Yengeni and Woerfel were arrested in October 2001. The trial was to have started in July last year, but due to legal wrangling it was delayed repeatedly. A new date was set for January, but by that time Notshe, who had been newly appointed then, asked and got more time to prepare.

On Tuesday a postponement was granted in order to secure a settlement between Yengeni and the State, which failed to materialise.

Yengeni faces a charge of corruption for allegedly buying a luxury 4X4 Mercedes at a 47% discount in return for using his influence to "market" the products of Daimler-Benz Aerospace AG or Daimler-Benz Aerospace SA.

He faces an alternative count of fraud for failing to disclose the benefit to Parliament.

Woerfel, then head of Daimler-Benz's Pretoria representative office, is charged with corruption for allegedly arranging the car deal.

Daimler-Benz was the manufacturer of the AT2000 -which was at the time being considered with two other aircraft in South Africa's search for an advanced light fighter aircraft in terms of the arms acquisition process.

Both men face a charge of fraud for alleged false representations made in the agreement of sale drawn up for the car deal.

They have pleaded not guilty.

With acknowledgements to Sapa and News24.